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Yasa v. Turkey and Tekin v. Turkey: Torture, Extra-Judicial Killing


Éditeur : Compte d'auteur Date & Lieu : 1999, London
Préface : Pages : 348
Traduction : ISBN : 1 900175 24 X
Langue : AnglaisFormat : 210x295 mm
Code FIKP : Liv. Eng. Khr. Yas. N° 4263Thème : Général

Présentation
Table des Matières Introduction Identité PDF
Yasa v. Turkey and Tekin v. Turkey: Torture, Extra-Judicial Killing

Yasa v. Turkey and Tekin v. Turkey: Torture, Extra-Judicial Killing

Kurdish Human Rights Project


Compte d’auteur


This report deals with the first cases assisted by the Kurdish Human Rights Project in which it was argued before the European Court of Human Rights (the Court) that Turkey had violated its obligation to uphold the right to freedom of expression. In Yasa v. Turkey the applicant claimed that gunmen injured him in an attack on 15 November 1992 as a result of selling the newspaper Ozgur Gündem at his newspaper kiosk. He also claimed that his uncle was fatally shot on 14 June 1993 because he had taken over the management of the applicant’s newspaper kiosk. In the second case, Tekin v. Turkey, the applicant claimed that he was tortured while in police custody from 15 February 1993 because the Ozgur Gündem newspaper employed him as a journalist.
At the centre of each application is the theory that Turkey persecuted the applicants because of their association with a newspaper that espoused a political view different from that held by State authorities. In order to understand the context of the complaints it is therefore necessary to consider Ozgur Gündem’s background and its relationship with the State.
The first issue of Ozgur Gündem (meaning Free Agenda) was published on 31 May 1992. It was Kurdish owned and was written in the Turkish language; it had a predominantly left wing orientation and was pro-Kurdish in its cultural and political outlook.1
From the outset the authorities' stance towards Ozgur Gündem was hostile. Over 100 legal proceedings were brought against Ozgur Gündem and its staff during ...


Table des Matières

Table of Contents

Foreword / i
Introduction / 1

Part 1: Yasa v. Turkey

Summary of Yasa v. Turkey / 9

The facts
The facts as presented by the applicant / 9
The facts as presented by the Government of Turkey / 10
The findings of fact of the European Commission of Human Rights (Article 31 report) / 10
The findings of fact of the European Court of Human Rights / 11

Map of the area where the incident occurred / 12

The legal proceedings
Chronology of events, including legal proceedings / 13
How the case was brought before the European Commission and Court of Human Rights / 14
Investigation hearings
(1) Under the new procedure / 14
(2) Under the old procedure / 15
Preliminary objections to the Court’s jurisdiction
(1) Was the applicant a victim? / 15
(2) The proceedings before domestic authorities / 16

The applicant’s complaints under the European Convention on Human Rights / 18
Article 2: Right to life / 18
Article 13: Right to an effective remedy / 21
A practice of infringing articles 2 and 13 of the Convention / 22
Article 10: Freedom of expression / 22
Article 14: Prohibition on discrimination / 24
Article 18: Limitation on use of restrictions on rights / 25
Just satisfaction: Compensation under Article 50 / 25

Part II: Tekin v. Turkey

Summary of Tekin v. Turkey / 28

The facts
The facts as presented by the applicant / 28
The fact as presented by the Government of Turkey / 29
The findings of fact of the European Commission of Human Rights (Article 31 report) / 29
The findings of fact of the European Court of Human Rights / 29

Map of the area where the incident occurred / 31

The legal proceedings
Chronology of events, including legal proceedings / 32
The proceedings before domestic authorities / 33
How the case was brought before the European Commission and
Court on Human Rights / 33
Investigation hearings
(1) Under the new procedure / 34
(2) Under the old procedure / 34

The applicant’s complaints under the European Convention on Human Rights / 35
Article 2: Right to life / 35
Article 3: Freedom from torture and other ill-treatment / 36
Article 10: Freedom of expression / 37
Article 13: Right to an effective remedy / 38
Article 14: Prohibition on discrimination / 39
Article 18: Limitation on use of restrictions on rights / 39
Article 50: Just satisfaction / 40

Appendix A: Yasa 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
Transcript of Applicant’s and Respondent’s Opening Speeches before the
European Court on Human Rights
Susurluk Report (provisional English translation)

Appendix B: Tekin 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
Transcript of Applicant’s and Respondent’s Opening Speeches before the
European Court of Human Rights




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