In this case the applicant complained that, at the age of 16, she was sexually harassed while in police detention. She was given a gynecological examination – unaccompanied and without her or her guardian’s consent – to verify whether her hymen had been broken. After being acquitted and released, she suffered from post-traumatic stress and depression. Her allegations of assault in custody were largely corroborated by subsequent medical examinations. No disciplinary proceedings were brought against the prison doctors concerned. The European Court of Human Rights noted that that the law at that time did not provide the necessary safeguards concerning examinations of female detainees and that additional guarantees were required for gynecological examinations, particularly for minors. The general practice of automatic gynecological examinations for female detainees – supposed to prevent false sexual assault accusations against police officers – was not in the interests of detained women and had no medical justification. The applicant had complained of sexual harassment, not rape, which could not be disproved by an examination of her hymen. The Court noted that the new Turkish Code of Criminal Procedure regulated gynecological examinations, but made no specific provision for minors. It held that there had been a violation of Article 3 of the European Convention on Human Rights (prohibition of inhuman treatment) concerning both the gynecological examinations of the applicant while in police custody and the inadequate investigation concerning those responsible.
The Case of Yazgül Ylmaz v. Turkey
European Court of Human Rights