Communicated on 20 April 2018
SECOND SECTION
Application no. 4475/18
Aynur HORZUM and others
against Turkey
lodged on 18 January 2018
SUBJECT MATTER OF THE CASE
The application concerns the disappearance of Ümit Horzum, the applicants’ relative, following his alleged abduction by unknown persons on 6 December 2017 and the allegations of a lack of an effective investigation into his disappearance.
In relation to the above, the applicants invoke Articles 2, 3, 5 of the Convention.
QUESTIONS tO THE PARTIES
1. Was the right to life of the applicants’ relative, ensured by Article 2 of the Convention, violated in the present case? In particular, was he abducted by agents of the State?
2. 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 available to them to find the applicants’ relative in order to safeguard his life (see respectively Salman v. Turkey [GC], no. 21986/93, §104, ECHR 2000‑VII, and Osmanoğlu v. Turkey, no. 48804/99, §§ 71 and 84, 24 January 2008)?
In this connection:
2.1. Given the urgency of the issue in question, was the investigation instigated promptly?
2.2. Has the footage recorded by CCTVs and other security cameras around and en route to the private mall where the incident allegedly occurred been secured and analysed?
2.3. Has it been possible to identify the perpetrators’ images from the footage? If your reply is in the affirmative, has there been any follow-up on those leads?
2.4. What other steps are being taken to locate the car with the number plate no. 20 H 1931, which was allegedly used by Ümit Horzum on the date of the incident?
2.5. Has any inquiry been made into the GSM signals of the mobile phone used by Ümit Horzum? If your reply is in the affirmative, has there been any follow up on those leads?
3. Has there been a violation of Article 5 of the Convention on account of the disappearance of the applicants’ relative? (Çiçek v. Turkey, no. 25704/94, §164, 27 February 2001).
The Government are requested to submit a copy of the investigation file.
APPENDIX
Aynur HORZUM is a Turkish national who was born in 1980, lives in Ankara and is represented by R. Taşcıoğlu Hüseyin Baha HORZUM is a Turkish national who was born in 2011, lives in Ankara and is represented by R. Taşcıoğlu Neba Dilber HORZUM is a Turkish national who was born in 2007, lives in Ankara and is represented by R. Taşcıoğlu Nebahat HORZUM is a Turkish national who was born in 1960, lives in Ankara and is represented by R. Taşcıoğlu
Full & Egal Universal Law Academy