OZPOLAT AND OTHERS v. TURKEY - 23551/10 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2015] ECHR 949 (27 October 2015)

OZPOLAT AND OTHERS v. TURKEY - 23551/10 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2015] ECHR 949 (27 October 2015)

The Court found no violation of Article 2 regarding the death of İskender Özpolat, as the use of lethal force was deemed absolutely necessary and proportionate in the circumstances. However, the Court found a violation of Article 2 in respect of Mehmet Özpolat, as the force used by police exceeded what was necessary...

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Citation
[2015] ECHR 949
Parties
Applicant: Hayri Özpolat; Applicant: Havva Gezer; Applicant: Cahide Özpolat; Applicant: Yıldız Özpolat; Applicant: Emine Özpolat; Applicant: Selahattin Özpolat; Applicant: Fahri Özpolat; Applicant: Suna Yavuz; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 2 (right to life) in respect of Mehmet Özpolat; no violation in respect of İskender Özpolat; violation of procedural obligations under Article 2.
Legal Topics
Right to Life, Use of Lethal Force by Police, State Responsibility, Effective Investigation, Procedural Obligations Under ECHR Article 2
Human Rights Law Criminal Law Police Law Right to Life Use of Lethal Force by Police State Responsibility Effective Investigation Procedural Obligations Under ECHR Article 2

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Parties

Hayri Özpolat

Applicant

Havva Gezer

Applicant

Cahide Özpolat

Applicant

Yıldız Özpolat

Applicant

Emine Özpolat

Applicant

Selahattin Özpolat

Applicant

Fahri Özpolat

Applicant

Suna Yavuz

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)

  1. 1 Whether the lethal force used by police resulting in the deaths of İskender Özpolat and Mehmet Özpolat violated Article 2 of the European Convention on Human Rights
  2. 2 Whether the authorities failed to conduct an effective, impartial, and prompt investigation into the deaths
  3. 3 Whether the delay in providing medical care to Mehmet Özpolat contributed to a violation of Article 2

Ratio Decidendi

The Court found no violation of Article 2 regarding the death of İskender Özpolat, as the use of lethal force was deemed absolutely necessary and proportionate in the circumstances. However, the Court found a violation of Article 2 in respect of Mehmet Özpolat, as the force used by police exceeded what was necessary and the delay in providing medical care was unjustified. The Court also found a violation of the procedural limb of Article 2 due to the lack of an effective, independent investigation into the deaths.

Court Disposition

Violation of Article 2 (right to life) in respect of Mehmet Özpolat; no violation in respect of İskender Özpolat; violation of procedural obligations under Article 2.

Orders

  • Turkey to pay just satisfaction to the applicants for pecuniary and non-pecuniary damages and costs and expenses.