Communicated on 9 May 2017
SECOND SECTION
Application no. 62077/08
Hakim AKA
against Turkey
lodged on 5 December 2008
SUBJECT MATTER OF THE CASE
The application concerns the drowning of the applicant’s sons Ay. A. and Ak. A., both minors, in suspicious circumstances. It appears from the documents in the case file that when the applicant’s sons’ bodies were eventually recovered from the sea, they were fully dressed in school uniforms and their backpacks were filled with heavy stones. The criminal investigation initiated into their deaths ended with a decision not to prosecute, as the incident was considered to be a simple case of drowning. The applicant claims that the public prosecutor had closed the investigation prematurely without collecting all the relevant evidence in a diligent manner.
The case raises legal issues under Article 2 of the Convention as to whether the applicant was provided with an effective judicial remedy capable of establishing the circumstances of his sons’ deaths and, where appropriate, the identification and punishment of those responsible.
QUESTIONS tO THE PARTIES
1. Has the applicant’s sons Ay. A. and Ak. A.’s right to life, ensured by Article 2 of the Convention, been violated in the present case? In this connection, has an effective investigation been conducted to establish the circumstances of their deaths and to identify and hold accountable any persons who may have been responsible for their fate? In particular;
(a) Have the judicial authorities taken into consideration the fact that the backpacks which the applicant’s sons had been found wearing had been filled with heavy stones?
(b) Have the judicial authorities taken into considerations the allegations made by the applicant regarding his suspicions of homicide, including the attempted kidnap of his youngest son V.A. by a group of men soon after the deaths of Ay. A. and Ak. A.?
(c) Has the Sarıyer public prosecutor collected all the relevant evidence in relation to the incident, including any eye-witness statements, examination of the victims’ mobile phone records, and review of footage from any CCTV cameras in the vicinity of the victims’ home and school?
The Government are requested to provide a copy of the criminal investigation file.
Full & Egal Universal Law Academy