When a Discrepancy is Not Necessarily a Discrepancy

Today I would like to discuss one particular aspect of a recent case, Biçici v. Turkey. This case concerned the arrest of Ms. Biçici, while she was participating in a peaceful demonstration, and her alleged ill-treatment during the arrest. The European Court of Human Rights found in favour of Ms. Biçici, ruling that the intervening authorities had used disproportionate force in hastily responding to the peaceful demonstration. The Court also found the intervention itself to be unnecessary and disproportionate. Both articles 3 and 11 had thus been violated. But it was close. The ruling on art. 3 was delivered by a narrow majority of 4-3.

What I would like to discuss is the Court’s use of the elements of proof adduced by the applicant. I am going out on a limb here, not being a medical expert. I hope one of our readers with specific medical expertise could either confirm or refute my argument.

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