Kaya and Kurt v Turkey: a Case Report

Auteur :

Éditeur : Compte d'auteur	Date & Lieu : 1999, London
Préface :	Pages : 300
Traduction :	ISBN : 1 900175 21 5
Langue : Anglais	Format : 210x295 mm
Code FIKP : Liv. Eng. Khr. Kay. N° 4038	Thème : Général

Présentation	Table des Matières	Introduction	Identité	PDF
Kaya and Kurt v Turkey: a Case Report Kurdish Human Rights Project Compte d’auteur The case of Kaya v. Turkey arose with the killing of the applicant’s brother by the security forces in southeast Turkey. In Kurt v. Turkey the disappearance of the applicant’s son, after military operations in southeast Turkey, led to the complaint. In both cases the victims of the alleged human rights violations were Turkish nationals of Kurdish origin. These cases have two notable features in common. First, the decision of the European Court of Human Rights (the Court) in each case emphasises the importance of national remedies. The European Convention on Human Rights (the Convention) sets out the mutual obligations of States and their citizens in relation to national remedies. Article 26 of the Convention obliges applicants to exhaust domestic remedies before bringing their complaints before the Convention organs. Article 6 provides that States must allow their citizens access to a civil court for a remedy in respect of a violation of their human rights and article 13 provides that States must ensure effective remedies for all the rights set forth in the Convention. In both Kaya and Kurt the applicants complained that there was no effective domestic remedy, or system of remedies, available in Turkey which would establish the truth of the event in question. This raised for consideration the relation between articles 6 and 13 of the Convention. In assessing whether or not there had been a failure to provide access to a civil court for the purposes of article 6(1), the Court observed that the manner in which the investigating authorities treated the death of the applicant’s brother had had an impact on the applicant’s access to the courts. Given this situation, the Court reasoned that it was appropriate to deal with the article 6 complaint ...


Table des Matières
Table of Contents Foreword / i Introduction Part I: Kaya v. Turkey Summary of the case / 3 The facts The facts as presented by the applicant / 3 The facts as presented by the Government of Turkey / 3 The findings of fact of the European Commission of Human Rights (Article 31 report) / 4 The findings of fact of the European Court of Human Rights / 5 Map of the area where the incident occurred / 6 The legal proceedings Chronology of events and legal proceedings / 7 The proceedings before domestic authorities / 7 How the case was brought before the European Commission and Court of Human Rights / 8 The investigation hearings (“taking of oral evidence”) under the pre-Protocol 11 procedure / 8 The applicant’s complaints under the European Convention on Human Rights Article 2: Right to life / 10 Article 6: Right to effective access to a civil court / 12 Article 13: Right to an effective remedy / 13 Article 14: Freedom from discrimination / 14 Administrative practice of Convention breaches / 14 Just satisfaction: Compensation under Article 50 / 15 Part II: Kurt v. Turkey Summary of the case / 17 The facts The facts as presented by the applicant / 17 The facts as presented by the Government of Turkey / 17 The findings of fact of the European Commission of Human Rights (Article 31 report) / 18 The findings of fact of the European Court of Human Rights / 19 Map of the area where the alleged incident occurred / 21 The legal proceedings Chronology of events and legal proceedings / 22 The proceedings before domestic authorities / 23 The applicant’s complaints under the European Convention on Human Rights / 24 Article 2: Right to life / 25 Article 3: Freedom from torture and inhuman and degrading treatment and punishment / 26 Article 5: Right to liberty and security of person / 27 Article 13: Right to an effective remedy / 29 Article 14: Freedom from discrimination / 30 Article 18: Application of the Convention provisions / 31 Article 25(1): Right of individual petition / 31 Administrative practice of disappearances / 32 Just satisfaction: Compensation under Article 50 / 33 Appendix A: Kaya v. Turkey Decision of the European Commission of Human Rights (Article 31 report), including the admissibility decision Judgment of the European Court of Human Rights Appendix B: Kurt v. Turkey Decision of the European Commission of Human Rights (Article 31 report), including the admissibility decision Seating plan of the European Court of Human Rights for the hearing in Kurt v Turkey Applicant’s Opening Speech before the European Court of Human Rights Judgment of the European Court of Human Rights