Communicated on 11 May 2020
Published on 8 June 2020
SECOND SECTION
Application no. 54373/19
Zehra GENÇ TÜRKMEN
against Turkey
lodged on 17 October 2019
SUBJECT MATTER OF THE CASE
The application concerns the alleged abduction and disappearance of the applicant’s husband, Mr Gökhan Türkmen, on 7 February 2019 in Antalya. The applicant’s husband was accused of being involved with the terrorist organisation known as the FETÖ/PDY (“Gülenist Terror Organisation/Parallel State Structure”). Relying on Articles 2, 3, 5 of the Convention, the applicant complains about the lack of an effective investigation into Mr Türkmen’s disappearance.
QUESTIONS TO THE PARTIES
1. Has the applicant exhausted all domestic remedies, as required by Article 35 § 1 of the Convention? In particular, can the individual application to the Constitutional Court be considered as an effective remedy within the meaning of Article 35 § 1 of the Convention in respect of the applicant’s complaints under Articles 2, 3 and 5 of the Convention?
2. Was the right to life of the applicant’s husband, ensured by Article 2 of the Convention, violated in the present case? In particular, was he abducted, as alleged, by agents of the State on 7 February 2019?
3. In accordance with the procedural and positive obligations under Article 2 of the Convention, have the authorities carried out an effective investigation and taken the necessary measures to find the applicant’s husband in order to safeguard his life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000‑VII and Osmanoğlu v. Turkey, no. 48804/99, §§ 77-84, 24 January 2008)?
In this connection,
3.1. What steps are being taken by the investigating authorities, in particular by the relevant prosecutors, in order to find the applicant’s husband who was allegedly abducted in Antalya?
3.2. Have the records of public and private surveillance cameras which could have captured the incident in the vicinity of the crime scene been collected and analysed? If the answer is in the affirmative, what actions are taken to follow those leads?
4. Has there been a violation of Article 5 of the Convention on account of the disappearance of the applicant’s husband? (Çiçek v. Turkey, no. 25704/94, §164, 27 February 2001).
The Government are requested to submit a copy of the investigation file.
Full & Egal Universal Law Academy