Gurtekin and Others v. Cyprus (dec.) - 60441/13 - Legal Summary [2014] ECHR 519 (11 March 2014)

Gurtekin and Others v. Cyprus (dec.) - 60441/13 - Legal Summary [2014] ECHR 519 (11 March 2014)

Given the extensive steps taken by the authorities, the lack of new concrete evidence, and the passage of time, there was no violation of Article 2 as the investigation was not shown to be ineffective or insufficient.

Citation
[2014] ECHR 519
Parties
Applicants: Gürtekin and Others; Respondent: Cyprus
Jurisdiction
European Union
Judgment Date
11 March 2014
Procedural Posture
Application / Decision on Admissibility
Outcome
inadmissible (manifestly ill-founded)
Legal Topics
Right to Life, Effective Investigation, Procedural Obligations Under Article 2, Missing Persons, Intercommunal Conflict
Human Rights Law Criminal Procedure Right to Life Effective Investigation Procedural Obligations Under Article 2 Missing Persons Intercommunal Conflict

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Parties

Gürtekin and Others

Applicants

Cyprus

Respondent

Procedural Posture

Application / Decision on Admissibility

Legal Issues

  1. 1 Whether the investigation into the deaths of Turkish-Cypriot missing persons following the discovery of their bodies was effective under Article 2 of the European Convention on Human Rights
  2. 2 Whether Article 2 requires prosecution irrespective of available evidence
  3. 3 Whether there was sufficient access to the investigation and independence of the investigation

Ratio Decidendi

Given the extensive steps taken by the authorities, the lack of new concrete evidence, and the passage of time, there was no violation of Article 2 as the investigation was not shown to be ineffective or insufficient.

Court Disposition

inadmissible (manifestly ill-founded)