9.  The applicant was born in 1960 and lives in the village of Altınakar, Diyarbakır, Turkey. 10.  The facts of the case, as submitted by the parties, may be summarised as follows. 11.  On 21 June 1993 the applicant's husband, M.S.Ö., was arrested in the hamlet of Dikmetaş (“Kırkat” in Kurdish) of the Ortaşar village (Çınar) by gendarmes from the Diyarbakır gendarme regiment (“Alay Komutanlığı”). Another person, C.G., was also arrested at the same time. 12.  The applicant claims that on 21 June 1993 gendarmes searched their house between 4.00 a.m. and 8.30 a.m. Her husband was taken away in a jeep along with C.G. by gendarmes who had arrived by helicopter. The applicant maintains that one of the commanding officers had grey hair, was about 50 years old and was referred to as “Apo” by the gendarmes. Her husband and C.G. were taken to a wooded area outside the village. Her husband was stripped naked and strung up by his arms using the form of torture known as Palestinian hanging. The gendarmes fastened a rope to his genitals and pulled on it. Electric shocks were administered to his body and he was subjected to torture until 5.00 p.m. Her husband's condition deteriorated. He was taken to Çınar Gendarme Station 13.  The search of her house ended at 7.30 p.m. She and her children were ill-treated during the time of the search. 14.  The arrest record drawn up by the gendarmes, dated 21 June 1993, mentioned that the gendarmes had, in a joint operation involving members of the Diyarbakır Provincial Central Gendarme Command and Çınar District Gendarme Command, surrounded Dikmetaş hamlet following reception of information to the effect that the inhabitants had been providing assistance to and sheltering PKK militants. M.S.Ö. and C.G., despite the warning issued, had resisted arrest and tried to flee. The report indicated that the security forces had to use force to arrest and take them into custody. According to the report, M.S.Ö. and C.G had been arrested for questioning and with the aim of bringing them before a judicial authority. The report was signed by M.S.Ö. and C.G. as well as by two team commanders and two operations commanders. 15.  On 22 June 1993 M.S.Ö. was taken to the emergency unit of Diyarbakır State Hospital. A medical report dated 22 June 1993 referred to the following marks having been found on M.S.Ö.'s body: three bruises, each 10 cm long, on the back of his arm; bruises on his back; a rash and bruise on the joint of his collarbone. The report was signed by Dr Uğur N. Yüce. M.S.Ö. was put in the urology unit, in the section reserved for detainees. 16.  The applicant's husband was released from the hospital and taken to Diyarbakır gendarme regiment headquarters. His questioning continued under medical control. His health deteriorated and he had to be transferred back to the hospital. In a letter dated 4 July 1993 Hakan Polat, a senior officer, requested the Chief Medical Officer of Diyarbakır State Hospital to admit the applicant for treatment. 17.  On 5 July 1993 the public prosecutor attached to the Diyarbakır State Security Court went to the detainees' unit in the Diyarbakır State Hospital. A report drawn up on the same day referred to the fact that M.S.Ö. could not speak and that he had traces of blood around his mouth. The public prosecutor's report indicated that no statement could be taken from M.S.Ö. 18.  On 5 July 1993 M.S.Ö. died at Dicle University Hospital. 19.  On 5 July 1993 two doctors carried out an autopsy on M.S.Ö.'s body in the presence of the prosecutor attached to the Diyarbakır State Security Court. The prosecutor drew up a detailed report. The doctors' findings in the report mentioned, among other injuries, fractures with bruising on three of the deceased's ribs. Bruises were also found on his arms and buttocks as well as slight bruising and lesions to his right foot. Blood was found in the deceased's mouth. An examination of the deceased's skull and brain revealed internal bleeding. The doctors requested that an examination of a number of parts of M.S.Ö.'s body including his heart, pancreas, liver and brain be carried out by the İstanbul Forensic Medicine Institute. 20.  On 6 or 7 July 1993 the religious leader (“imam”) of Ortaşar Village was called to the Çınar Gendarme Station and informed that M.S.Ö. “had become cancerous while in custody like all other P.K.K. sympathisers and had died”. The applicant claims that unknown persons telephoned her around the same time informing her that her husband had died. 21.  On 8 July 1993 M.S.Ö.'s brother, Nafiz, submitted a petition to the Public Prosecutor's Office at the Diyarbakır State Security Court, in which he stated that he feared for his brother's life. On the same day the Public Prosecutor's Office at the Diyarbakır State Security Court arranged for the issue of a burial licence and M. Ö.'s body was given to his family. The family was informed in the burial licence that a full autopsy had been carried out on the deceased. 22.  On 22 July 1993 the prosecutor attached to the Diyarbakır State Security Court declared that he lacked jurisdiction to investigate M.S.Ö.'s death and transferred the case file to the Diyarbakır public prosecutor so that the latter could carry out a preliminary investigation. 23.  On 8 December 1993, Burhanettin Aykenar, commander of Çınar Gendarmes Station, made a statement in respect of the death of M.S.Ö. He deposed that M.S.Ö. and C.G. had attempted to flee from the security forces and had to be restrained by force. They were brought to Çınar medical unit. Bruises were found on their bodies as a result of the application of force to effect their arrest. He stated that both men had been handed over to the Diyarbakır gendarme regiment following a medical check. 24.  On 28 March 1994 the Diyarbakır gendarme regiment informed the Diyarbakır public prosecutor that the two gendarmes who had questioned M.S.Ö. had been killed in a confrontation with terrorists. 25.  On 29 April 1994 Ender Köseoğlu, a gendarme officer attached to Çınar gendarme regiment, stated that force had to be used to detain 30 villagers on 21 June 1993. He stated that Sergeant Önder Pala and Corporal Yüksel Bayar had been in the interrogation team. The latter officers had identified three of the detainees as being members of the PKK. Two of the detainees, M.S.Ö. and N.T., were feeling unwell and he was ordered to transfer them to hospital on 22 June 1993. He stated that he handed over the third detainee, C.G., to Sergeant Önder Pala. M.S.Ö. remained in hospital until 26 June 1993. 26.  At the conclusion of the preliminary investigation, the Diyarbakır public prosecutor accused the two gendarmes who had taken M.S.Ö. into custody of having caused the death of a third person through professional negligence. The prosecutor based his finding in particular on the report prepared by the Forensic Medical Institute which concluded that: “severe wounds had been found on the deceased's body and that death had resulted from cranial trauma provoking cerebral bleeding”. In application of Article 96 of the Penal Code which provides that “the death of a suspect brings an investigation to an end”, the public prosecutor, on 6 April 1994, issued a decision not to bring charges against the two gendarmes. The applicant only learned about the decision on 6 February 1996. 27.  On 13 February 1996 the applicant challenged the public prosecutor's decision of 6 April 1994 before the President of the Siverek Assize Court. The President, on the basis of the file submitted to him, dismissed the applicant's challenge on 6 March 1996. 28.  On 21 June 1993 the security forces from the Diyarbakır gendarme regiment carried out “the spring operation” in the Dikmetaş hamlet. The applicant's husband, M.S.Ö., was arrested together with another villager while trying to flee from the security forces. The gendarmes had to use force to apprehend them. 29.  After their arrest and their statement concerning, inter alia, the discovery of a shelter measuring 4 by 3 metres, a gun and ammunition, M.S.Ö. was taken to the Çınar medical unit and then to the Diyarbakır State Hospital on 22 June 1993. He was put in the wing reserved for detainees. There he was questioned about, inter alia, his links with the PKK. The public prosecutor attached to the Diyarbakır State Security Court was informed about the incident. 30.  M.S.Ö. was considered well enough to be questioned and was taken back into custody at the Diyarbakır gendarme regiment headquarters. However, his state of health deteriorated and he had to be transferred again to the Diyarbakır State Hospital on 4 July 1993. 31.  On 5 July 1993 the prosecutor attached to the Diyarbakır State Security Court was unable to question M.S.Ö. on account of the latter's condition. On 5 July 1993 M.S.Ö. was transferred from the Diyarbakır State Hospital to the Dicle University Hospital, also in Diyarbakır. M.S.Ö. died there a few hours later. 32.  On 5 July 1993 an autopsy was carried out on his body. Tissue samples were taken from the body and sent to the İstanbul Forensic Medecine Institute for analysis. In a report dated 17 September 1993, the Forensic Medicine Institute stated that M.S.Ö. had died from brain haemorrhage resulting from a blow on the head. 33.  On 22 July 1993 the public prosecutor attached to the Diyarbakır State Security Court issued a supplementary decision of non-jurisdiction and sent the preliminary investigation file to the Diyarbakır Chief Public Prosecutor's Office. He noted that his Office lacked jurisdiction to deal with the matter and that the Diyarbakır Chief Public Prosecutor's Office should determine whether M.S.Ö.'s death had been caused by the gendarmes on duty at the time. 34.  In a letter dated 27 November 1993 Arif Ekmen, the Çınar District Gendarme Commander, wrote to the public prosecutor informing him that he had identified two of the gendarmes who arrested M.S.Ö. on 21 June 1993, namely Hakan Polat, a senior officer and Burhanettin Aykenar, a sergeant. He stated that the names of other gendarmes involved could be obtained through the Provincial Central Regiment Command. Arif Ekmen confirmed that on 22 June 1993, M.S.Ö. was sent to the Provincial gendarme regiment headquarters, in Diyarbakır, for interrogation. 35.  On 8 December 1993 Burhanettin Aykenar deposed that he and other gendarmes under the command of Hakan Polat went to Dikmetaş hamlet on 21 June 1993 at around five past midnight. He stated that he was the Central Station Commander of Ortaşar village (Çınar). When they entered Dikmetaş hamlet, two individuals began to flee and they gave chase. They had to be forcibly apprehended using a rifle butt. The arrestees showed them two shelters, where guns and documents were discovered. M.S.Ö. was brought to Çınar medical unit. A medical report noted bruising on M.S.Ö.'s body. The bruises had occurred as a result of the arrest of the accused. M.S.Ö. was held in Çınar gendarme regiment headquarters. A request was made to question M.S.Ö. about his involvement in PKK activities. M.S.Ö. was taken to the Provincial Regiment headquarters at Diyarbakır for questioning on 22 June 1993. It was later learned that M.Ö had died in Diyarbakır State Hospital. Burhanettin Aykenar denied that M.S.Ö. had been tortured at the time of his arrest. Force had been applied since M.S.Ö. had resisted arrest. Burhanettin Aykenar signed the arrest record as a unit commander. 36.  Following a request for information made by the Office of the Public Prosecutor of Diyarbakır on 20 January 1994 and 8 March 1994 regarding the circumstances surrounding the death of M.Ö, Colonel Eşref Hatipoğlu replied in writing on 28 March 1994 stating that M.S.Ö. had been questioned by Sergeant Önder Pala and Corporal Yüksel Bayar of the Diyarbakır gendarme regiment. He affirmed that M.S.Ö. was brought to the hospital by Ender Köseoğlu. Colonel Eşref Hatipoğlu stated that Sergeant Önder Pala and Corporal Yüksel Bayar were killed in clashes with the PKK. 37.  In the light of this information the Diyarbakır public prosecutor, on 6 April 1994, decided not to bring criminal proceedings against Sergeant Önder Pala and Corporal Yüksel Bayar of the Diyarbakır gendarme regiment. In his decision the public prosecutor stated as follows:
“Two PKK members, M.S.Ö. and C.G., were arrested by force by the Diyarbakır Gendarme regiment during the “Spring operations” launched after 20 June 1993. After they had given statements about two shelters where a gun and PKK-related documents were found, it was decided to broaden the investigation and they were brought from Çınar to Diyarbakır by the accused gendarme officers who were assigned to interrogation team. There the accused assaulted M.S.Ö. As a result of the assault M.S.Ö. was twice transferred to hospital and died after the second transfer. An autopsy was carried out on his body. Tissue samples were taken from and sent to the İstanbul Forensic Medicine Institute for analysis. In its report the Forensic Medicine Institute stated that M.S.Ö. had died from a brain haemorrhage as a result of a head injuries. It is understood that the two accused gendarme officers committed the offence. 
It has been decided to issue a decision to discontinue the criminal proceedings (Takipsizlik kararı - non-prosecution decision) under the provisions of Article 96 of the Criminal Code having regard to the correspondence of Gendarme Commander Office dated 28 March 1994 and numbered 0621-270-94/2418 and additional correspondence dated 30 May 1993 and 20 July 1993 in which the Gendarme Commander Office has stated that the accused Önder Pala was wounded in a confrontation with PKK members in the region of Neygül hill (Diyarbakır-Kulp) on 28 January 1994 and died on 17 February 1994 in Diyarbakır Military Hospital. Furthermore, Yüksel Basar was killed in a confrontation with the PKK in Diyarbakır-Lice on 22 October 1993.”