Communicated on 14 November 2017
SECOND SECTION
Applications nos 72415/10 and 29260/11
Stefcho Hristov MINCHEV and
Stoyanka Borisova KUMPIKOVA-MINCHEVA
against Turkey and Bulgaria
and Petranka IVANOVA and Others against Turkey
lodged on 17 November 2010 and 19 April 2011 respectively
SUBJECT MATTER OF the CASE
The applications concern the sinking of the cargo ship “Hera”, sailing under the Cambodian flag, on 13 February 2004 in Turkish territorial waters (a few kilometres from the Bosphorus) for unknown reasons. The bodies of five of the nineteen crew members were recovered after the incident; it appears, however, that the remaining fourteen bodies were never found in the sea. The applicants[1] are the family members of two of the Bulgarian crew members of the ship, whose bodies remain unrecovered.
The application brought against the Government of Turkey mainly raises issues under Article 2 of the Convention, as to whether the respondent Government have fulfilled their obligations under that provision to respect and protect the applicants’ relatives’ right to life.
QUESTIONS
1. Has the applicants’ relatives’ right to life, ensured by Article 2 of the Convention, been violated in the present case? Did Turkish authorities have any responsibility in the sinking of the ship Hera, as alleged by the applicants?
2. Was a rescue operation carried out by the respondent State authorities in order to save the lives of the crew members of the ship Hera? If yes, was that operation conducted effectively? Has there been any investigation as to the effectiveness of the planning and conduct of such an operation?
3. Have the respondent State authorities carried out an effective criminal investigation to establish the circumstances of the sinking of the ship Hera and the fates of the applicants’ relatives, who are allegedly still unaccounted for, as required under Article 2 of the Convention? If so;
i. Have the applicants been informed of the investigation in a timely manner and have they been able to participate in the investigation effectively?
ii. Has the investigation been conducted sufficiently promptly?
4. Did the applicants have at their disposal effective domestic remedies in connection with their complaints under Article 2 of the Convention, as required by Article 13? If so, have they exhausted all those available remedies?
The Government are requested to provide the Court with a copy of the criminal investigation file, including autopsy reports, witness statements, expert reports, reports of any forensic examinations conducted on the sunken ship, any requests for international legal assistance sought to assist with the investigation, and any other documents that they may deem pertinent to the sinking of the ship Hera.
APPENDIX
Application no 72415/10:
Stefcho Hristov MINCHEV is a Bulgarian national who was born in 1952, lives in Varna. Stoyanka Borisova KUMPIKOVA-MINCHEVA is a Bulgarian national who was born in 1941, lives in Varna.
Application no 29260/11:
Aleksandar Yonkov STANKOV was a Bulgarian national who was born in 1948, lived in Varna and was represented by V. Sheytanov. Yuri Aleksandrov STANKOV is a Bulgarian national who was born in 1980, lives in Varna and is represented by V. Sheytanov. Penka Yordanova STANKOVA is a Bulgarian national who was born in 1952, lives in Varna and is represented by V. Sheytanov.
[1] One of the applicants in application no. 29260/11, namely Mr Alexander Yankov Stankov, died after lodging his application with the Court. However, his heirs, who are also applicants in the same application, expressed their wish to continue the application on his behalf as well.
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