Torture and Extra-Judicial Killing, a Case Report

Table of Contents

Foreword / i

Introduction / 1

Part I: Salman V Turkey (No. 21986/93)

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 / 5
(Article 31 report)
The findings of fact by the European Court of Human Rights / 9

The Legal Proceedings

Chronology of events, including legal proceedings 10
How the case was brought before the European Commission and Court of Human Rights / 11
The investigation under the old procedure / 11
Preliminary objections to the Court’s jurisdiction / 12

The applicant’s complaints under the European Convention on Human Rights

Article 2: Right to life / 14
Article 3: Prohibition of torture / 16
Article 13: Right to an effective remedy / 17
Alleged violation of Article 18 / 18
Administrative Practice of Convention Breaches / 20
Article 41: Just Satisfaction / 20

Part II: İlhan v Turkey (No. 22277/93)

Summary of the case / 22

The Facts
The facts as presented by the applicant / 22
The facts as presented by the Government / 24
Proceedings before the domestic authorities / 25
The findings of fact by the European Commission of Human Rights / 26
(Article 31 report)
The findings of fact by the European Court of Human Rights / 27

The Legal Proceedings
Chronology of events, including legal proceedings / 28
How the case was brought before the European Commission and Court of Human Rights / 29
The investigation under the old procedure / 29
Preliminary objections to the Court’s jurisdiction / 30

The applicant’s complaints under the European Convention on Human Rights

Article 2: Right to life / 33
Article 3: Prohibition of torture / 36
Article 13: Right to an effective remedy and Article 6: Right to a fair trial / 38
Article 14: Prohibition on discrimination / 40
Article 41: Just satisfaction / 41

Appendices

Appendix A
Salman v Turkey: Decision of European Commission of Human Rights

Appendix B
Salman v Turkey: Judgment of the European Court of Human Rights

Appendix C
İlhan v Turkey: Decision of European Commission of Human Rights

Appendix D
Ilhan v Turkey: Judgment of the European Court of Human Rights

Appendix E
The European Court of Human Rights: System and Procedure

Appendix F
List of judgments in KHRP-assisted cases at the European Court of Human Rights