Information Note on the Court’s case-law 20
July 2000
Ekinci v. Turkey - 25625/94
Judgment 18.7.2000 [Section III]
Article 2
Article 2-1
Life
Alleged involvement of security forces in a murder and effectiveness of investigation: no violation
Facts: The applicant’s brother, an official in a pro-Kurdish political party, was arrested by the police and then released some ten days later. Some months later he was wounded during a demonstration and decided to leave his village with his family. He took up residence there again and was killed in the centre of the village. The police attended the scene, searched the area and drew up a report stating that they had been unable to find any evidence. An autopsy was carried out. Some of the deceased’s close relatives who were questioned by the authorities mentioned revenge against the family but did not report any particular suspicion. The Public Prosecutor opened an investigation and asked to be kept informed of its progress on a regular basis. A number of investigations were subsequently carried out: the body was exhumed to enable a ballistic examination to be carried out, certain village guards who had been implicated in a letter of denunciation were sought out and questioned, their homes were searched, their firearms were examined and witnesses were questioned. No presumed perpetrator was identified and the investigation was still under way when the judgment was pronounced. The applicant alleges that his brother was killed by or with the connivance of the law-enforcement agencies because of his political activities. He further contends that no effective investigation has been carried out with a view to solving the murder.
Law: Preliminary objection by the Government (failure to exhaust domestic remedies) – The applicant is dispensed from exercising the available civil and administrative remedies. A civil action for damages in respect of unlawful acts by agents of the State presupposes that the person responsible for the harm has been identified, which is not so in the present case. As regards the administrative remedy, it has not been shown that it would be effective in a situation comparable to the applicant’s.
Article 2 – On the evidence adduced, it is impossible to establish beyond reasonable doubt that the authorities had any responsibility for the murder of the applicant’s brother. As regards the obligation incumbent on States Parties to carry out an effective investigation whenever the use of force has led to the death of a person, it cannot be denied that investigations aimed at finding the killer were carried out both at the preliminary investigation stage and afterwards. The entire file relating to the investigation and information on its progress were communicated to the Court. The possibility that the law-enforcement agencies (village wardens) might be involved was investigated. The authorities cannot be accused of having remained passive or of having carried out a wholly ineffective investigation.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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