Communicated on 9 May 2018
SECOND SECTION
Application no. 66571/09
Kamile KAYIR and others
against Turkey
lodged on 1 December 2009
SUBJECT MATTER OF THE CASE
The application concerns the security operation conducted on 19 December 2000 in the Çanakkale Prison where the applicants were being detained. During the operation five persons were killed and many others were injured. The applicants, all of whom survived the operation, complain that their lives were endangered and that they were subjected to ill-treatment during the operation and that no effective investigation was conducted into their complaints, in breach of their rights under Articles 2, 3 and 13 of the Convention
QUESTIONS tO THE PARTIES
1. Have the applicants’ right to life, ensured by Article 2 of the Convention, been violated in the present case in the course of the security operation conducted in their prison?
In particular, was it absolutely necessary to resort to the use of force which, in the opinion of the applicants, endangered their lives?
2. Have the applicants been subjected to ill-treatment in the course of the security operation, in breach of Article 3 of the Convention? In this connection, were the applicants examined by doctors in the aftermath of the operation?
3. Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII) and the procedural protection from ill-treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), were the investigation and the trial in the present case conducted by the domestic authorities into the complaints made by the applicants are referred to as complainants/victims (müşteki/mağdurlar) in the indictment filed against members of the security forces and in the ensuing criminal proceedings (in case no. 2003/378 E.), in breach of Articles 2 or 3 of the Convention?
APPENDIX
List of the Applicants:
Kamile KAYIR is a Turkish national who was born in 1970 Aysu BAYKAL is a Turkish national who was born in 1972 İhsan ÇİBELİK is a Turkish national who was born in 1964 Yusuf Kenan DİNÇER is a Turkish national who was born in 1962 Yasemin KARADAĞ is a Turkish national who was born in 1970 Ali Osman KÖSE is a Turkish national who was born in 1957 Türkan ÖZEN is a Turkish national who was born in 1976 Veysel ŞAHİN is a Turkish national who was born in 1967 Sevgi SAYMAZ is a Turkish national who was born in 1967Yıldız TÜRKOĞLU is a Turkish national who was born in 1967
Full & Egal Universal Law Academy