ASMA v. TURKEY - 47933/09 (Judgment : Article 2 - Right to life : Second Section) [2018] ECHR 956 (20 November 2018)

ASMA v. TURKEY - 47933/09 (Judgment : Article 2 - Right to life : Second Section) [2018] ECHR 956 (20 November 2018)

The Court found a violation of Article 2 ECHR under its procedural limb because the criminal proceedings were unduly delayed, resulting in prescription and impunity for those responsible for the fatal accident. The administrative investigation into municipal officials was structurally inadequate due to lack of...

Source-derived case information.

Citation
[2018] ECHR 956
Parties
Applicant: Mehmet Asma; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment by the Second Section of the European Court of Human Rights
Outcome
Violation of Article 2 ECHR (procedural limb) found against Turkey.
Legal Topics
Right to Life (article 2 Echr), State Liability, Procedural Obligations Under Article 2, Dangerous Activities, Urban Planning and Construction Regulation, Judicial Effectiveness, Remedies for Violations of the Right to Life
Human Rights Law Administrative Law Criminal Law Tort Law Right to Life (article 2 Echr) State Liability Procedural Obligations Under Article 2 Dangerous Activities +3 more

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Parties

Mehmet Asma

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by the Second Section of the European Court of Human Rights

  1. 1 Whether the Turkish authorities violated the right to life (Article 2 ECHR) of the applicant's daughter both materially and procedurally
  2. 2 Whether the criminal and administrative proceedings provided an effective judicial response to the fatal incident
  3. 3 Whether the applicant lost victim status due to civil compensation

Ratio Decidendi

The Court found a violation of Article 2 ECHR under its procedural limb because the criminal proceedings were unduly delayed, resulting in prescription and impunity for those responsible for the fatal accident. The administrative investigation into municipal officials was structurally inadequate due to lack of independence and effective judicial oversight. The civil and administrative compensation awarded to the applicant did not remedy the lack of an effective criminal response. The State failed to meet its procedural obligations to protect the right to life in the context of dangerous urban activities.

Court Disposition

Violation of Article 2 ECHR (procedural limb) found against Turkey.

Orders

  • Turkey to pay the applicant EUR 15,000 in respect of non-pecuniary damage within three months.
  • Turkey to pay EUR 5,000 in respect of costs and expenses within three months.