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Irfan Bilgin v. Turkey

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Death after being taken into custody by the security forces and without putting forward any ground justifying recourse to lethal force by its agents engaged the responsibility of the State. The fact that the public prosecutor had not been given a list of the police officers on duty at the material time and had been unable to take evidence from them or to arrange a meeting with the alleged eyewitnesses, despite the fact that he was an independent civil servant in charge of the inquiry and did not accept the information that had been provided by the police and that the public prosecutor“had been unable to visit the cells at Ankara Security Headquarters because, at the material time, the police enjoyed a form of impunity” meant that the Turkish authorities had failed to conduct a proper inquiry into the applicant's allegations. For detention to be compatible with the formal requirements of Article 5, Section 1, for each person detained, a precise record had to be kept of the date, time and place of detention, the grounds for detention and the names of those in charge.


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