TUNCEL AND OTHERS v. TURKEY - 42738/98 [2003] ECHR 624 (27 November 2003)

TUNCEL AND OTHERS v. TURKEY - 42738/98 [2003] ECHR 624 (27 November 2003)

The Court found that Turkey failed to protect the applicants' rights under the Convention, specifically the right to life and the right to an effective remedy, due to insufficient investigation and state responsibility for the alleged violations.

Citation
[2003] ECHR 624
Parties
Applicants: Tuncel and Others; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
27 November 2003
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application allowed in part; violations found
Legal Topics
Right to Life, Right to an Effective Remedy, State Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Tuncel and Others

Applicants

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether Turkey violated the applicants' rights under the European Convention on Human Rights

Ratio Decidendi

The Court found that Turkey failed to protect the applicants' rights under the Convention, specifically the right to life and the right to an effective remedy, due to insufficient investigation and state responsibility for the alleged violations.

Court Disposition

Application allowed in part; violations found

Orders

  • Turkey to pay just satisfaction to the applicants
  • Turkey to conduct an effective investigation