Despina CHARALAMBOUS and Others v Turkey - 46744/07 [2009] ECHR 908 (1 June 2010)

Despina CHARALAMBOUS and Others v Turkey - 46744/07 [2009] ECHR 908 (1 June 2010)

Complaints relating to disappearances and deprivation of liberty in 1974 are inadmissible due to lack of temporal jurisdiction. Complaints regarding lack of effective investigation into disappearances are inadmissible as they were introduced out of time, exceeding the six-month rule. Complaints concerning lack of...

Source-derived case information.

Citation
[2009] ECHR 908
Parties
Applicants: Despina Charalambous and Others (see list appended); Respondent: Turkey
Jurisdiction
European Union
Judgment Date
01 June 2010
Procedural Posture
Application to the European Court of Human Rights / Partial Decision as to Admissibility
Outcome
Partially admissible; remainder inadmissible
Legal Topics
Right to Life, Enforced Disappearances, Effective Investigation, Prohibition of Torture and Inhuman or Degrading Treatment, Right to Liberty and Security, Right to Respect for Private and Family Life, Prohibition of Discrimination, Right to an Effective Remedy, Temporal Jurisdiction, Six Month Rule
Human Rights Law International Law Right to Life Enforced Disappearances Effective Investigation Prohibition of Torture and Inhuman or Degrading Treatment Right to Liberty and Security Right to Respect for Private and Family Life +4 more

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Summary, issues, holding and outcome

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Parties

Despina Charalambous and Others (see list appended)

Applicants

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Partial Decision as to Admissibility

Legal Issues

  1. 1 Whether the Court has temporal jurisdiction over complaints relating to disappearances and deprivation of liberty in 1974
  2. 2 Whether complaints regarding lack of effective investigation into disappearances are time-barred under Article 35 §1 (six-month rule)
  3. 3 Whether complaints regarding lack of investigation following discovery of remains in 2005-2009 are admissible

Ratio Decidendi

Complaints relating to disappearances and deprivation of liberty in 1974 are inadmissible due to lack of temporal jurisdiction. Complaints regarding lack of effective investigation into disappearances are inadmissible as they were introduced out of time, exceeding the six-month rule. Complaints concerning lack of investigation following the discovery of remains in 2005-2009 raise issues under Articles 2 and 3 and require further examination.

Court Disposition

Partially admissible; remainder inadmissible

Orders

  • Adjourns examination of complaints concerning lack of investigation following discovery of remains and treatment suffered as a result.
  • Declares remainder of the application inadmissible.