ALTUG AND OTHERS v. TURKEY - 32086/07 - Chamber Judgment (French Text) [2015] ECHR 632 (30 June 2015)

ALTUG AND OTHERS v. TURKEY - 32086/07 - Chamber Judgment (French Text) [2015] ECHR 632 (30 June 2015)

The Turkish judicial system failed to provide an effective remedy to examine whether the medical team complied with legal obligations to inform and obtain consent, as required by Article 2 ECHR, because the courts and expert reports did not address these core issues despite applicants' repeated requests.

Source-derived case information.

Citation
[2015] ECHR 632
Parties
Applicant: Nilgün Altuğ, Gülgün Ertin, Mihriaver Kayakent, Bercis Girtine, Banu Altuğ, Ayşe Evrim Üzel, Tuğba Kayakent, Buğra Atalay, Hande Didem Bender, Erim Enver Ertin, Saruhan Altuğ; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Final Judgment
Outcome
Violation of Article 2 of the Convention found; just satisfaction awarded.
Legal Topics
Right to Life, Medical Negligence, Procedural Fairness, Obligation to Inform and Obtain Consent, Effectiveness of Judicial Remedies
Human Rights Law Medical Law Right to Life Medical Negligence Procedural Fairness Obligation to Inform and Obtain Consent Effectiveness of Judicial Remedies

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Parties

Nilgün Altuğ, Gülgün Ertin, Mihriaver Kayakent, Bercis Girtine, Banu Altuğ, Ayşe Evrim Üzel, Tuğba Kayakent, Buğra Atalay, Hande Didem Bender, Erim Enver Ertin, Saruhan Altuğ

Applicant

Republic of Turkey

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Final Judgment

  1. 1 Whether the Turkish authorities violated Article 2 of the European Convention on Human Rights by failing to ensure an effective judicial system to examine the death of the applicants' relative following medical treatment.
  2. 2 Whether the applicants had access to effective remedies to address alleged medical negligence and lack of informed consent.

Ratio Decidendi

The Turkish judicial system failed to provide an effective remedy to examine whether the medical team complied with legal obligations to inform and obtain consent, as required by Article 2 ECHR, because the courts and expert reports did not address these core issues despite applicants' repeated requests.

Court Disposition

Violation of Article 2 of the Convention found; just satisfaction awarded.

Orders

  • State to pay applicants jointly 20,000 EUR for non-pecuniary damage.
  • State to pay applicants jointly 1,650 EUR for costs and expenses.