Communicated on 6 December 2016
SECOND SECTION
Application no. 1905/16
Mehmet ORAN against Turkey
and 3 other applications
(see list appended)
The facts and complaints in these applications have been summarised in the Court’s decision, which is available in HUDOC.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
2. Have the applicants’ relatives’ right to life, ensured by Article 2 of the Convention, been violated in the present cases?
In this connection, were they killed by agents of the State?
Also in this connection, what steps were taken by the authorities which, judged reasonably, might have been expected to protect the applicants’ relatives’ rights after they were shot and injured (see Osman v. the United Kingdom, 28 October 1998, § 116, Reports of Judgments and Decisions 1998‑VIII)?
Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), have investigations been opened into the deaths of the applicants’ relatives by the domestic authorities, as required by Article 2 of the Convention? If so, are those investigations being conducted in compliance with the requirements of an effective investigation, within the meaning of the Court’s case-law under Article 2 of the Convention?
The Government are requested to submit a copy of the investigation files, including a copy of the documents pertaining to the discovery of the applicants’ relatives’ bodies.
3. Has there been a hindrance by the State with the effective exercise of the right of individual application of the two applicants in applications nos. 2105/16 and 4159/16 on account of the arrest and detention of their legal representative Mr Ramazan Demir (see Colibaba v. Moldova, no. 29089/06, §§ 59-69, 23 October 2007)? In this connection, which activities of Mr Demir were referred to by the prosecutor when that prosecutor accused Mr Demir of carrying out “activities to weaken our country inside and at the international arena by making allegations of torture and alleging violations of human rights” (see Ramazan Demir’s statement dated 17 March 2016)?
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
1905/16
10/01/2016
Mehmet ORAN
01/01/1964
İstanbul
Yunus MURATAKAN
2005/16
10/01/2016
Ayhan SEVİKTEK
03/03/1986
Diyarbakır
Yunus MURATAKAN
2105/16
08/01/2016
Mehmet İNAN
11/02/1983
Şırnak
Ramazan DEMİR
4159/16
19/01/2016
Abdullah KAPLAN
20/04/1988
Şırnak
Ramazan DEMİR
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