Individual Application of Albina Kiyamova

The applicant, Albina Kiyamova, was arrested at Atatürk Airport in Istanbul for infringing an order that prohibited her entry into Turkey. She submitted a complaint to the Chief Public Prosecutor's Office (the “CPPO”), asserting that the police subjected her to treatment incompatible with human dignity while she was in custody. Specifically, the applicant said that the police subjected her to a naked body search and other inhuman and degrading treatment charged by race and gender discrimination. The CPPO requested permission from the relevant authority to investigate the officers of the applicant’s treatment. However, the relevant authority denied the CPPO’s request. The applicant appealed the authority’s decision, but her appeal was rejected. She then appealed to the Constitutional Court, claiming that her constitutional right to protection from treatment incompatible with human dignity was infringed. The Constitutional Court partially rejected some of the applicant’s claims due to lack of evidence but accepted her claim that it was unjust for the relevant authority to reject her claims without conducting an investigation.