Communicated on 17 April 2018
SECOND SECTION
Application no. 74941/12
Vahap IŞIK and others
against Turkey
lodged on 21 September 2012
SUBJECT MATTER OF THE CASE
The application concerns the security operation conducted on 19 December 2000 in the Ümraniye Prison where the applicants were being detained. During the operation eight persons were killed and a large number of 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 paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII) and the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, 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, whose names 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. 2004/175 E.), in breach of Articles 2 or 3 of the Convention?
APPENDIX
List of the Applicants:
Vahap IŞIK is a Turkish national who was born in 1978 Halil ACAR is a Turkish national who was born in 1973 İbrahim ARAS is a Turkish national who was born in 1981 Necef Ulu ARPAÇAY is a Turkish national who was born in 1965 Kemal ASLAN is a Turkish national who was born in 1960 Ayhan ATEŞ is a Turkish national Yunis BOLUKOÇ is a Turkish national who was born in 1961 Volkan DAL is a Turkish national who was born in 1981 Yunus EMRE is a Turkish national who was born in 1961Ayhan ENGİN is a Turkish nationalYaşar GÜLMEZ is a Turkish nationalFerhat KIYAK is a Turkish nationalBarış PEHLİVAN is a Turkish nationalİlhan PIRGAİP is a Turkish national who was born in 1959Zafer ŞAHİN is a Turkish national who was born in 1976Hasan YÜKSEL is a Turkish nationalAhmet YURT is a Turkish national who was born in 1974
Full & Egal Universal Law Academy