Table of Contents
Foreword / i
Introduction / 1
Part I: Mahmut Kaya v Turkey (No. 22535/93)
Summary of the case / 3
The Facts
The facts as presented by the applicant / 3 The facts as presented by the Government / 4 Proceedings before the domestic authorities / 4 The findings of fact by the European Commission of Human Rights / 4 (Article 31 report) The findings of fact by the European Court of Human Rights / 7
Map of the area where the incident occurred / 8
The Legal Proceedings
Chronology of events, including legal proceedings / 9 How the case was brought before the European Commission and Court of Human Rights / 10 Investigation hearings under the old procedure / 10 Preliminary objections to the Court’s jurisdiction / 11
The applicant’s complaints under the European Convention on Human Rights
Article 2: Right to life / 12 Article 3: Prohibition of torture / 15 Article 6: Right to a fair trial / 16 Article 13: Right to an effective remedy / 16 Article 1- ?rohibition on discrimination / 17 Administrative Practice of Convention Breaches / 18 Article 41: Just Satisfaction / 18
Part II: Cemil Kiliç v Turkey (No. 22492/93)
Summary of the case / 19
The Facts
The facts as presented by the applicant / 19 The fa ts as presented by the Government / 20 Proceedings before the domestic authorities / 20 The findings of fact by the European Commission of Human Rights (Article 31 report) The findings of fact by the European Court of Human Rights / 21
Map of the area where the incident occurred / 22
The Legal Proceedings
Chronology of events, including legal proceedings / 23 How the case was brought before the European Commission and Court of Human Rights / 24 The investigation under the old procedure / 24 Preliminary objections to the Court’s jurisdiction / 25
The applicant’s complaints under the European Convention on Human Rights
Article 2: Right to life / 26 Article 10: Right to freedom of expression / 29 Article 6: Right to a fair trial 30 Article 13: Right to an effective remedy / 30 Article 14: Prohibition on discrimination / 31 Article 34 (formerly Article 28(1 )(A): Individual application / 31 Article 41: Just satisfaction / 32
Appendices
Appendix A Kaya v Turkey: Decision of European Commission of Human Rights
Appendix B Kaya v Turkey: Judgment of the European Court of Human Rights
Appendix C Kiliç v Turkey: Decision of European Commission of Human Rights
Appendix D Kiliç v Turkey: Judgment of the European Court of Human Rights
Appendix E The European Court of Human Rights: System and Procedure
Appendix F Inadequacies of Investigations in Southeast Turkey as established in the Article 31 Reports of the European Commission of Human Rights and the Judgments of the European Court of Human Rights.
Appendix G List of judgments in KHRP assisted cases in the European Court of Human Rights |