Complaints of Ill-Treatment in Custody Must be Promptly Investigated and Plausibly Explained

Yilmaz v Turkey [2007] ECHR 17721/02 (5 June 2007)

The European Court of Human Rights has held that serious allegations of torture or other cruel, inhuman or degrading treatment or punishment must be the subject of expeditious, effective and independent investigation. It has further held that evidence of ill-treatment, particularly of persons in custody, will give rise to a rebuttable presumption that the ill-treatment occurred and shift the burden to the state to provide a ‘plausible explanation’ as to the injuries.

Read More