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Kaya v Turkey & Kiliç v Turkey: Failure to protect victims at risk


Auteur :
Éditeur : Compte d'auteur Date & Lieu : 2001, London
Préface : Pages : 326
Traduction : ISBN : 1 900175 38 X
Langue : AnglaisFormat : 210x295 mm
Code FIKP : Liv. Eng. Khr. Kay. N° 3764Thème : Général

Présentation
Table des Matières Introduction Identité PDF
Kaya v Turkey & Kiliç v Turkey: Failure to protect victims at risk

Kaya v Turkey & Kiliç v Turkey: Failure to protect victims at risk

Kurdish Human Rights Project

Compte d’auteur

The cases of Mahmut Kaya and Cemil KMq deal with the problems of ‘disappearances’ and killings that were prevalent in Southeast Turkey particularly during 1993 and 1994. In these two cases, the families concerned alleged that the security forces were either directly or indirectly responsible for the ‘disappearance’ and killing of their loved ones. In both cases the former European Commission of Human Rights held fact-finding hearings in Turkey (a feature of the Strasbourg system which has been very rarely used, other than in relation to the cases against Turkey since the mid-1990s).
The cases both concern violations of Article 2 of the Convention. Article 2 represents one of the most fundamental rights enshrined in the European Convention on Human Rights: the right to life. A number of obligations arise under Article 2. A State will be accused of violating the provision when it is proven beyond reasonable doubt that the fatality was caused by agents of the State. A further obligation arises in conjunction with the State’s general duty under Article 1 of the Convention “to secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention”, which implies both a duty to protect the right to life, and to carry out effective investigations of killings involving the use of force.
These cases are significant principally for two reasons. Firstly, the judgments of the European Court include an analysis of the legal system in Southeast Turkey, in the light of all available information including the Sasurluk Report6, and highlight the way in which the security forces in the region were often ...


Table des Matières

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




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