B.I. v. TURKEY - 18308/10 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) French Text [2018] ECHR 1016 (11 December 2018)

B.I. v. TURKEY - 18308/10 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) French Text [2018] ECHR 1016 (11 December 2018)

There was no violation of Article 8 as the applicant received appropriate medical care, no causal link was established between military service and his condition, and no medical negligence was proven. There was a violation of Article 6 § 1 due to lack of independence and impartiality of the Military High...

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Citation
[2018] ECHR 1016
Parties
Applicant: B. I.; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Partly allowed, partly dismissed
Legal Topics
Right to Respect for Private and Family Life, Right to a Fair Trial, Medical Negligence, Judicial Independence
Human Rights Law Administrative Law Medical Law Right to Respect for Private and Family Life Right to a Fair Trial Medical Negligence Judicial Independence

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Parties

B. I.

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether there was a violation of Article 8 (right to respect for private and family life) due to alleged medical negligence and resulting physical harm
  2. 2 Whether there was a violation of Article 6 § 1 (right to a fair trial) due to lack of independence and impartiality of the Military High Administrative Court

Ratio Decidendi

There was no violation of Article 8 as the applicant received appropriate medical care, no causal link was established between military service and his condition, and no medical negligence was proven. There was a violation of Article 6 § 1 due to lack of independence and impartiality of the Military High Administrative Court, as previously established in Tanışma v. Turkey.

Court Disposition

Partly allowed, partly dismissed

Orders

  • Declared the application admissible regarding physical integrity and judicial independence complaints.
  • Held no violation of Article 8 of the Convention.