HAMDEMIR AND OTHERS v. TURKEY - 41896/08 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 995 (15 November 2016)

HAMDEMIR AND OTHERS v. TURKEY - 41896/08 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 995 (15 November 2016)

The force used by Turkish authorities during the Bayrampaşa prison operation was not absolutely necessary under Article 2 §2 ECHR. The State failed to provide a satisfactory explanation for the deaths and did not conduct an effective investigation. The State also failed its positive obligation to protect the lives...

Source-derived case information.

Citation
[2016] ECHR 995
Parties
Applicant: Semra Hamdemir; Applicant: Fatma Alcan; Applicant: Türkay Alcan; Applicant: Ahmet Ateş; Applicant: Ali Çalıkoparan; Applicant: Halis Ercan; Applicant: Müslüm Güder; Applicant: Kenan Günyel; Applicant: Lütfiye Kayım; Applicant: Hüseyin Korkmaz; Applicant: Fadime Tezgel; Applicant: Serpil Tuzcu; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 2 ECHR found; application declared admissible; no just satisfaction awarded as none was claimed.
Legal Topics
Right to Life, State Responsibility, Use of Force by Authorities, Obligation to Investigate, Prison Conditions
Human Rights Law Criminal Law Prison Law Right to Life State Responsibility Use of Force by Authorities Obligation to Investigate Prison Conditions

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Parties

Semra Hamdemir

Applicant

Fatma Alcan

Applicant

Türkay Alcan

Applicant

Ahmet Ateş

Applicant

Ali Çalıkoparan

Applicant

Halis Ercan

Applicant

Müslüm Güder

Applicant

Kenan Günyel

Applicant

Lütfiye Kayım

Applicant

Hüseyin Korkmaz

Applicant

Fadime Tezgel

Applicant

Serpil Tuzcu

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the use of force by Turkish authorities during the Bayrampaşa prison operation violated Article 2 of the Convention
  2. 2 Whether the State failed its positive obligation to protect the lives of prisoners
  3. 3 Whether the investigation into the deaths was effective

Ratio Decidendi

The force used by Turkish authorities during the Bayrampaşa prison operation was not absolutely necessary under Article 2 §2 ECHR. The State failed to provide a satisfactory explanation for the deaths and did not conduct an effective investigation. The State also failed its positive obligation to protect the lives of prisoners under its responsibility.

Court Disposition

Violation of Article 2 ECHR found; application declared admissible; no just satisfaction awarded as none was claimed.

Orders

  • Declare the application admissible
  • Hold that there was a violation of Article 2 of the Convention