KANAL v. TURKEY - 55303/12 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2019] ECHR 38 (15 January 2019)

KANAL v. TURKEY - 55303/12 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2019] ECHR 38 (15 January 2019)

The Turkish authorities failed to provide a sufficiently prompt judicial response to the applicant's claim of medical negligence, resulting in a violation of the procedural limb of Article 8 ECHR.

Source-derived case information.

Citation
[2019] ECHR 38
Parties
Applicant: Halil Kanal (deceased, substituted by Güzide Kanal, Serpil Kurultay Kanal, Osman Kanal, Oğuzhan Kanal); Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of procedural limb of Article 8 ECHR found; application partially upheld.
Legal Topics
Right to Respect for Private and Family Life, Medical Negligence, Procedural Fairness
Human Rights Medical Law Right to Respect for Private and Family Life Medical Negligence Procedural Fairness

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Parties

Halil Kanal (deceased, substituted by Güzide Kanal, Serpil Kurultay Kanal, Osman Kanal, Oğuzhan Kanal)

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final 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 ineffective judicial remedies

Ratio Decidendi

The Turkish authorities failed to provide a sufficiently prompt judicial response to the applicant's claim of medical negligence, resulting in a violation of the procedural limb of Article 8 ECHR.

Court Disposition

Violation of procedural limb of Article 8 ECHR found; application partially upheld.

Orders

  • State must pay 7,500 EUR for moral damages to heirs of applicant.
  • State must pay 2,500 EUR for costs and expenses to heirs of applicant.