Communicated on 22 February 2018
SECOND SECTION
Application no. 37344/11
Sultan KARAOĞLAN and others
against Turkey
lodged on 3 April 2011
SUBJECT MATTER OF THE CASE
The application concerns the killing of the applicants’ two relatives in the course of a demonstration on 4 April 2009. The applicants complain of a violation of Articles, inter alia, 2 and 13 of the Convention and allege, firstly, that their relatives were killed by members of the security forces and, secondly, that no effective investigation was conducted into the killings.
QUESTIONS tO THE PARTIES
1. Have the applicants’ two relatives’ right to life, ensured by Article 2 of the Convention, been violated in the present case? In this connection, were they killed by members of the security forces?
Also in this connection, was it absolutely necessary for the purposes of Article 2 § 2 of the Convention, for members of the security forces to resort to a use of force against the demonstrators?
2. 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:
a) Did the prosecutors identify and question, in a timely manner, members of the security forces who were on duty during the demonstration? The Government are requested to provide the Court with a copy of all statements taken from the members of the security forces.
b) Were any members of the public who were in the demonstration area questioned by the prosecutors with a view to finding out whether they witnessed the killings?
c) What steps have been taken to comply with the Birecik prosecutor’s request to identify members of the security forces who used the ammunition mentioned in that prosecutor’s letter of 13 July 2010?
d) Having regard to the fact that the investigation file was classified as confidential between 9 April 2009 and 15 March 2010, were the applicants able to effectively participate in the investigation during that period? Furthermore, did the investigating prosecutors take statements from the applicants in relation to the complaints made by them?
The Government are requested to submit to the Court a copy of the video recording of the demonstration and of the photographs taken by the crime scene investigators after the incidents.
Sultan KARAOĞLAN is a Turkish national who was born in 1954, lives in Diyarbakır Perihan DAĞ is an Turkish national who was born in 1985, lives in Şanlıurfa Abdurrahman KARAOĞLAN is a Turkish national who was born in 1958, lives in Diyarbakır
Full & Egal Universal Law Academy