Table of Contents
Foreword / I
Introduction / 1
Part I: Timurtaş v Turkey
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 authoritie / 4 The findings of fact by the European Commission of Human Rights (Article 31 report) / 6 The findings of fact by the European Court of Human Rights / 10
Map of the area where the incident occurred / 11
The Legal proceedings
Chronology of events, including legal proceedings / 12 How the case was brought before the European Commission and Court of Human Rights / 14 Investigation hearings under the old procedure / 14 Preliminary objections to the Court’s jurisdiction / 15
The applicant’s complaints under the European Convention on Human Rights
Article 2: Right to life / 16 Article 3: Right to freedom from torture or inhuman or degrading treatment / 19 Article 5: Right to liberty and security of person / 20 Article 13: Right to an effective remedy / 22 The Alleged practice in breach of Articles 5 and 13 / 22 Article 18: Restrictions shall only be applied for prescribed purpose / 23 Article 34: Right to individual petition / 23 Just Satisfaction: Compensation under Article 41 / 24
PART II: ERTAK v TURKEY
Summary of the case / 25
The facts The facts as presented by the applicant / 25 The facts as presented by the Government / 26 Proceedings before the domestic authorities / 26 The findings of fact by the European Commission of Human Rights (Article 31 report) / 27 The findings of fact by the European Court of Human Rights / 31
Map of the area where the incident occurred / 32
The Legal proceedings Chronology of events, including legal proceedings / 33 How the case was brought before the European Commission and Court of Human Rights / 35 The investigation under the old procedure / 35 Preliminary objections to the Court’s jurisdiction / 36 The applicant’s complaints under the European Convention on Human Rights Article 2: Right to life / 37 Article 34: Right to individual petition / 39 Just Satisfaction: Article 41 / 40
Appendices
Appendix A Timurtaş v Turkey: Decision of European Commission of Human Rights
Appendix B Timurtaş v Turkey: Judgment of the European Court of Human Rights
Appendix C Timurtaş v Turkey: Written submissions by CEJIL
Appendix D Ertak v Turkey: Decision of the European Commission of Human Rights
Appendix E Ertak v Turkey; Judgment of the European Court of Human Rights
Appendix F The European Court of Human Rights: System and Procedure
Appendix G List of judgments in KHRP assisted cases in the European Court of Human Rights |