Mansur PAD and Others Vs.Turkey

B. Relevant domestic law and practice
34. The Criminal Code in force at the material time made it a criminal offence
(a) to deprive an individual unlawfully of his or her liberty (Article 179 generally, Article 181 in respect of civil servants);
(b) to subject an individual to torture or ill-treatment (Articles 243 and 245); and
(c) to commit unintentional homicide (Articles 452 and 459), intentional homicide (Article 448) or murder (Article 450).
Under Article 102 of the Criminal Code, taken in conjunction with Articles 243 and 245, a prosecution for an offence of ill-treatment or torture by a public official must be brought within five years.
35. If the suspected authors of these criminal acts were military personnel, they could also be prosecuted for the above-mentioned crimes. Proceedings in these circumstances could be initiated by the persons concerned (non-military) before the competent authority under the Code of Criminal Procedure or before the suspected persons’ hierarchical superior (sections 93 and 95 of Law no. 353 on the Constitution and Procedure of Military Courts).
36. Article 165 of the Code of Criminal Procedure provides that a complainant may appeal against the decision of a public prosecutor not to institute criminal proceedings. The appeal must be lodged, within fifteen days from the date of notification of the decision to the complainant, with the president of the assize court within whose territorial jurisdiction the public prosecutor’s activities fall.
37. Section 32 of the Notification Act (Law no. 7201) provides that notification which was not served in accordance with the law may be deemed valid if the person concerned learns of its existence. The date of notification is the date on which that person claims to have learned about it.
38. By section 3 (a) of the Advocacy Act, only Turkish citizens are authorised to practise as lawyers in Turkey.

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Tags: 13, 14, 18 and 34 of the Convention, 3, 5, Articles 2, commit unintentional homicide, deprive an individual unlawfully of his or her lib, individual to torture or ill-treatment, intentional homicide