ERKAN BIROL KAYA v. TURKEY - 38331/06 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) French Text [2018] ECHR 877 (23 October 2018)

ERKAN BIROL KAYA v. TURKEY - 38331/06 (Judgment : No Article 8 - Right to respect for private and family life : Second Section) French Text [2018] ECHR 877 (23 October 2018)

No violation of Article 8 in its substantive aspect as Turkey had an adequate regulatory framework and no systemic failure was shown; violation of Article 8 in its procedural aspect as the judicial process failed to adequately examine the applicant's allegations and did not respond to essential arguments,...

Source-derived case information.

Citation
[2018] ECHR 877
Parties
Applicant: Erkan Birol Kaya; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Partially upheld
Legal Topics
Right to Respect for Private and Family Life, Medical Negligence, Procedural Fairness, State Liability
Human Rights Medical Law Administrative Law Right to Respect for Private and Family Life Medical Negligence Procedural Fairness State Liability

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Parties

Erkan Birol Kaya

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the applicant's right to respect for private and family life under Article 8 was violated due to alleged medical negligence and procedural deficiencies

Ratio Decidendi

No violation of Article 8 in its substantive aspect as Turkey had an adequate regulatory framework and no systemic failure was shown; violation of Article 8 in its procedural aspect as the judicial process failed to adequately examine the applicant's allegations and did not respond to essential arguments, particularly regarding the expert report and medical evidence.

Court Disposition

Partially upheld

Orders

  • The State must pay the applicant 7,500 EUR for non-pecuniary damage within three months, plus any applicable tax.
  • Interest at the ECB marginal lending rate plus three percentage points applies after three months until payment.