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Ilhan v. Turkey

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Only in exceptional circumstances could physical ill-treatment by State officials which did not result in death disclose a breach of the right to life. Applicant's brother was kicked and beaten and struck at least once on the head with a rifle by Turkish gendarmes. Notwithstanding the visible injuries to his head and the evident difficulties in walking and talking, there was a delay of some 36 hours in bringing him to a hospital. Having regard to the severity of the ill-treatment suffered and the surrounding circumstances, including the significant lapse in time before he received proper medical attention, he was a victim of very serious and cruel suffering that may be characterised as torture. No effective remedy has been provided in respect of the injuries and thereby access to any other available remedies, including a claim for compensation, had also been denied.


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