Communicated on 6 December 2016
SECOND SECTION
Application no. 63133/15
İrfan UYSAL against Turkey
and 4 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 right to life of the applicants in applications nos. 63133/15, 4684/16 and 4817/16, ensured by Article 2 of the Convention, been endangered on account of the fire opened on them allegedly by members of the security forces?
3. Has the right to life of applicant’s father in application no. 4552/16, ensured by Article 2 of the Convention, been violated in the present case?
In this connection, was he 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 applicant’s father’s right to life after he was shot and injured (see Osman v. the United Kingdom, 28 October 1998, § 116, Reports of Judgments and Decisions 1998‑VIII)?
4. Has the right to life of applicant’s son in application no. 5332/16, ensured by Article 2 of the Convention, been violated in the present case? In this connection, in accordance with the positive obligation under Article 2 of the Convention, have the authorities taken the reasonable measures available to them to find the applicant’s son in order to safeguard his life (see Osmanoğlu v. Turkey, no. 48804/99, §§ 71 and 84, 24 January 2008)?
5. 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 applicants’ above-mentioned complaints 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.
6. Has the applicant in application no. 5332/16 been subjected to ill‑treatment, in breach of Article 3 of the Convention on account of the national authorities’ alleged failure to take steps to find his son (see İpek v. Turkey, no. 25760/94, § 183, ECHR 2004‑II (extracts))?
7. Was the applicant in application no. 5332/16 deprived of his liberty in breach of Article 5 § 1 of the Convention?
If so:
a) Did the deprivation of liberty fall within any of the paragraphs of this provision?
b) Was the applicant’s deprivation “in accordance with a procedure prescribed by law”?
8. Has there been a hindrance by the State with the effective exercise of the right of individual application of the applicants on account of the arrest and detention of their 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
63133/15
29/12/2015
İrfan UYSAL
20/10/1986
Cizre
Ramazan DEMİR
4552/16
20/01/2016
Adem TUNÇ
19/01/1990
Şırnak
Ramazan DEMİR
4684/16
20/01/2016
Faysal SARIYILDIZ
10/04/1975
Ankara
Ramazan DEMİR
4817/16
21/01/2016
Helin ÖNCÜ
19/02/1995
Mardin
Ramazan DEMİR
5332/16
25/01/2016
Mehmet GEÇİM
05/01/1959
Şırnak
Ramazan DEMİR
Full & Egal Universal Law Academy