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 |