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Ertak v & Timurtaş v Turkey : State Responsibility in ‘Disappearances’


Auteur :
Éditeur : Compte d'auteur Date & Lieu : 2001, London
Préface : Pages : 230
Traduction : ISBN : 1 900175 371
Langue : AnglaisFormat : 210x295 mm
Code FIKP : Liv. Eng. Khr. Sta. N° 3953Thème : Général

Présentation
Table des Matières Introduction Identité PDF
Ertak v & Timurtaş v Turkey : State Responsibility in ‘Disappearances’

Ertak v & Timurtaş v Turkey
State Responsibility in ‘Disappearances’


Kurdish Human Rights Project

Compte d’auteur

The cases of Timurtaş v Turkey and Ertak v. Turkey highlight the problem of ‘disappearances’ which have been prevalent in Southeast Turkey during the past fifteen years of armed conflict in the region between the Turkish security forces and the PKK (Kurdistan Workers’ Party). A state of emergency declared in 1987 in five provinces still remains in place in certain areas, together with a system of State Security Courts. Brutal violations of human rights such as ‘disappearances’, torture and killings were particularly rife in the period 1993 to 1995 but stiff continue today.1
In the two cases that the subject of this report, young Kurdish men were taken into custody and never seen again by their families. In the case of Mehmet Ertak, someone who shared a cell with him testified that he had been brutally tortured. Sightings of Abdulvahap Timurta? in detention were also reported. In each case, the fathers of these men made persistent inquiries about the whereabouts and fate of their sons, but were ...


Table des Matières

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




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