The Applicant alleges that on 18 March 1994, she and her husband Necati Aydin, then president of a health workers' trade union, were taken into custody together with nine other members of their family. They were taken to the Struggle against Terrorism Branch in Diyarbakir. The applicant, who, at the time was six months pregnant, was released on 22 March 1994. Her husband and his cousin Mehmet Ay, were not released. They were brought before the Diyarbakir State Security Court on 4 April 1994. Despite the order of release from the Court, the two men were taken out through the back door of the court building and were taken to an unknown destination. Their families waited outside the court's building until late in the evening but never saw the two men alive again.

On 9 April 1994, villagers working in the fields at Silvan district near the Pamuklu river (about 40 kilometres outside Diyarbakir) discovered three bodies. Two of these bodies were identified by the applicant and her family as being those of Necati Aydin and his cousin. An autopsy was performed and it was concluded that the two men had been summarily executed, as their bodies were found with the hands tied behind their backs. The applicant also alleges that she and her husband were tortured while in custody. She alleges a violation of article s 2 (right to life), 3 (freedom from torture), 6 (access to court), 11 (freedom of association), 13 (right to an effective remedy) and 14 (freedom from discrimination) of the European Convention of Human Rights.

The Government contends that the applicant, her husband and his cousin were examined by doctors and that there were no sign of ill-treatment or torture. On the day the two men were released they left the court building and were then found dead. An ex officio investigation was opened which is still pending. The Government alleges that the murderers are PKK terrorists and the investigation would lead to their being identified.

The Commission unanimously declared the application to be admissible. Its next task is to consider the merits of the case and prepare a report, pursuant to article 31.

The relevant article s of the Convention are: Art. 3 (prohibition from torture and inhuman / degrading treatment), article 5 (right to liberty and security), 6 (right to a fair trial/ access to court), article 7 ( freedom from retroactive criminal law), article 8 (right to repesct for home and family life), article 10 (freedom of expression), article 13 ( right to an effective remedy), article 14 (freedom from discrimination), article 18 (prohibition of the use of restrictions for an improper purpose), article 25 (right to individual petition free of State interference) and article 1, Prot.1 (right to property).