NIHAT SOYLU v. TURKEY - 48532/11 (Judgment : Article 2 - Right to life : Second Section) French Text [2018] ECHR 1013 (11 December 2018)

NIHAT SOYLU v. TURKEY - 48532/11 (Judgment : Article 2 - Right to life : Second Section) French Text [2018] ECHR 1013 (11 December 2018)

The Court found a violation of the procedural limb of Article 2 ECHR because the domestic criminal, civil, and disciplinary procedures were excessively lengthy, ineffective, and failed to establish responsibility or provide adequate redress for the applicant regarding his son's death. The applicant was not required...

Source-derived case information.

Citation
[2018] ECHR 1013
Parties
Applicant: Nihat Soylu; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 2 (procedural limb) found; just satisfaction awarded
Legal Topics
Right to Life, Procedural Obligations Under Article 2 ECHR, Effectiveness of Remedies, Medical Negligence, Excessive Length of Proceedings
Human Rights Law Medical Negligence Right to Life Procedural Obligations Under Article 2 ECHR Effectiveness of Remedies Excessive Length of Proceedings

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Parties

Nihat Soylu

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the procedural limb of Article 2 ECHR was violated due to ineffectiveness and excessive length of domestic remedies in relation to the death of the applicant's son

Ratio Decidendi

The Court found a violation of the procedural limb of Article 2 ECHR because the domestic criminal, civil, and disciplinary procedures were excessively lengthy, ineffective, and failed to establish responsibility or provide adequate redress for the applicant regarding his son's death. The applicant was not required to pursue further remedies given the unreasonable delay and lack of effectiveness in the remedies pursued.

Court Disposition

Violation of Article 2 (procedural limb) found; just satisfaction awarded

Orders

  • Respondent State to pay applicant 10,000 EUR for non-pecuniary damage within three months, plus tax if applicable
  • Respondent State to pay applicant 3,000 EUR for costs and expenses within three months, plus tax if applicable