Relevant Article of the European Convention on Human Rights: 'No one shall be subjected to torture or to inhuman or degrading treatment... (Article 3).
Charge laid against Turkey: Turkish troops were responsible for wholesale and repeated rapes of women of all ages from 12 to 71, sometimes to such an extent that the victims suffered haemorrages or became mental wrecks. In some areas, enforced prostitution was practised, all women and girls of a village being collected and put into separate rooms in empty houses where they were raped repeatedly. In certain cases members of the same family were repeatedly raped, some of them in front of their own children. In other cases women were brutally raped in public. Rapes were on many occasions accompanied by brutalities such as violent biting of the victims causing severe wounding, banging their heads on the floor and wringing their throats almost to the point of suffocation. In some cases attempts at rape were followed by the stabbing or killing of the victims. Victims included pregnant and mentally retarded women.
Turkey's defence: No answer was given to these charges and Turkey boycotted the Commission's proceedings once her jurisdictional objection was rejected. Commission's verdict:
'The evidence shows that rapes were committed by Turkish soldiers and at least in two cases even by Turkish officers, and this not only in some isolated cases of indiscipline. It has not been shown that the Turkish authorities took adequate measures to prevent this happening or that they generally took any disciplinary measures following such incidents. The Commission therefore considers that the non-prevention of the said acts is imputable to Turkey under the Convention.
The Commission, by 12 votes against one, finds that the incidents of rape described in the above cases and regarded as established constitute Τinhuman treatmentΥ in the sense of Art. 3 of the Convention, which is imputable toTurkey (Report, paras. 373-4).