MUSTAFA ALDEMIR v. TURKEY - 53087/07 - Chamber Judgment (French Text) [2013] ECHR 631 (02 July 2013)

MUSTAFA ALDEMIR v. TURKEY - 53087/07 - Chamber Judgment (French Text) [2013] ECHR 631 (02 July 2013)

The Court found that the applicant, a civilian, was intentionally shot and injured by a soldier in circumstances where he posed no threat and was not suspected of any crime. The use of force was excessive and unjustified, violating the material limb of Article 3 ECHR. The investigation was also found inadequate, as...

Source-derived case information.

Citation
[2013] ECHR 631
Parties
Applicant: Mustafa Aldemir; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Chamber Judgment
Outcome
Application allowed in part; violation of Article 3 ECHR found (material and procedural limbs)
Legal Topics
Prohibition of Inhuman or Degrading Treatment, Use of Force by State Agents, Right to Effective Investigation, State Liability, Military Operations and Civilian Harm
Human Rights Law Criminal Law Administrative Law Prohibition of Inhuman or Degrading Treatment Use of Force by State Agents Right to Effective Investigation State Liability Military Operations and Civilian Harm

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Parties

Mustafa Aldemir

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Chamber Judgment

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment contrary to Article 3 ECHR
  2. 2 Whether the investigation into the incident was effective as required by Article 3 ECHR
  3. 3 Whether the use of force was justified and proportionate under the circumstances

Ratio Decidendi

The Court found that the applicant, a civilian, was intentionally shot and injured by a soldier in circumstances where he posed no threat and was not suspected of any crime. The use of force was excessive and unjustified, violating the material limb of Article 3 ECHR. The investigation was also found inadequate, as authorities failed to rigorously examine key facts, including whether a warning shot was fired and whether the applicant was armed, thus violating the procedural limb of Article 3.

Court Disposition

Application allowed in part; violation of Article 3 ECHR found (material and procedural limbs)

Orders

  • The respondent state must pay the applicant 19,500 EUR for non-pecuniary damage.
  • The respondent state must pay the applicant 1,000 EUR for costs and expenses.