Forensic medical aspect of European Court of Human Rights (ECHR) judgements against Turkey on violation of prohibition of torture from 1996 to 2016

Abstract Aim: The aim of this study is to discuss the impact of the deficiencies and mistakesof the forensic medical procedures on judgements against Turkey on violation of prohibition of torture in cases of European Court of Human Rights. Material and Method: The ECHR cases dated between 01.01.1996-15.05.2002 and between 16.05.2002-15.05.2016 which have been published online were retrospectively examined. The cases were divided into two groups. The firstgroup consisted of cases of which the deficiency and mistakes of the forensic medical procedures were discussed, whereas in the second group were cases examined in which there was a reference to the Istanbul Protocol. In this study, cases in which the torture did not end with death were analysed. Epi-info 2000 and Microsoft Excel 2000 were used asdata analysis programmes. Results: In first group n=10, in the second group n=15 ca-ses were examined. In cases 7/25 were women, 17/25 weremen and the mean age was 20 (min:16-max:43, n=20). It wasdetermined that of cases, 24 were physical examination, 6 werepsychiatric examination, 6 were radiological imaging, 2 were scintigraphy and 1 was EMG. There were no cases with forensic photography or biological sampling performed. It wasdetermined that in both groups the cases were missing details such as the story of the event, the size and colour of thelesions and there were no clinical commentary on the relationship between the story of torture and the findings. Conclusion: In assessed cases on prohibition of torture,there are important deficiencies and mistakes in forensic medical procedures. Medical investigations regarding torture claims are not standardised. In order to prevent and effectively document the violation of the prohibition, a clinical approach according to Istanbul Protocol must be performed