Communicated on 14 September 2017
SECOND SECTION
Application no. 68355/11
Şengül İÇELLI and others
against Turkey
lodged on 23 September 2011
SUBJECT MATTER OF THE CASE
The application concerns the alleged failure of the national authorities to carry out an effective investigation into the death of the applicants’ relative, whose body had been found in his car and who, according to the investigation, had committed suicide by using his own gun.
QUESTIONS tO THE PARTIES
1. Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000‑VII), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?
In this connection;
(i) Was the crime scene investigation conducted adequately, in the sense that the forensic authorities could subsequently establish the facts surrounding the incident on the basis of the evidence gathered during that crime scene investigation?
(ii) What was the reason for the investigating authorities’ failure to examine the mobile telephone of Orhan İçelli, despite the fact that this failure was highlighted by the Ödemiş Chief Prosecutor on 23 December 2008?
(iii) Did the investigative authorities address the other shortcomings in the investigation highlighted by the Ödemiş Chief Prosecutor on 23 December 2008?
(iv) What attempts were made to verify whether there existed a video footage (recorded by a CCTV) of the surroundings of the incident scene and to identify and question any potential eyewitnesses in the neighborhood?
(v) What attempts were made to verify the accuracy of the information given by Faik Doğan and Ali Yılmaz in October 2009, namely that they had seen a vehicle and other persons near Orhan İçelli’s car at the incident scene?
(vi) Was the İzmir Criminal Police Laboratory’s conclusion, namely that gunpowder residue had been detected only on the left side of the face of Orhan İçelli, based on an adequate forensic examination? The Government are requested to obtain and submit to the Court an opinion from their forensic authorities in respect of their answer to this question (see Sultan Dölek and Others v. Turkey, no. 34902/10, §78, 28 April 2015).
The Government are requested to submit to the Court a copy of the entire investigation file.
ANNEX
Şengül İÇELLI is a Turkish national who was born in 1964, she lives in İzmir. Aslı İÇELLI is a Turkish national who was born in 1984, she lives in İzmir. Nursel İÇELLI GÜNGÖR is a Turkish national who was born in 1985, she lives in İzmir.
Full & Egal Universal Law Academy