Altay v. Turkey

in Human Rights Case Digest
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Strong presumptions of fact arise where a person is injured during police custody while entirely under the supervision of police officers during that period. It is incumbent on the Government to provide a plausible explanation of how those injuries had been caused and to adduce evidence establishing facts which cast doubt on the victim's allegations, particularly where they are supported by medical certificates. Where the events in issue lay wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of persons within their control, the complainant's account of events is a fundamental factor in determining the causes of the injuries. The investigating authorities can then verify the truth of the allegations of ill-treatment by comparing the injuries recorded in the medical certificates with the account given.

Altay v. Turkey

in Human Rights Case Digest

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