Resolution CM/ResDH(2007)99 [1]

Execution of the judgment of the European Court of Human Rights

Abdurrahman Kılınç and others against Turkey

(Application No. 40145/98, judgment of 7 June 2005, final on 7 September 2005)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the failure to protect the right to life of the applicant ' s son, who committed suicide while performing his military service (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Turkey ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations,

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2007)99

Information about the measures to comply with the judgment in the case of

Abdurrahman Kılınç and others against Turkey

Introductory case summary

The case concerns the fact that the authorities failed in their obligation to secure the right to life of the applicants ' son, who killed himself during the military service. Although diagnosed in 1992 as suffering from an atypical depression, the applicants ' son was declared fit for military service in 1994. When his health deteriorated during the service, he underwent several medical examinations and was prescribed a month ' s rest. At the end of that period he was asked to undergo another medical examination but that was not possible because the military hospital to which he had been called did not have a psychiatric service. He went back to the barracks where he was assigned to guard duty and was given a loaded rifle for that purpose. He used the rifle to kill himself with a bullet in the temple. In the course of investigations into this suicide, the commandant was charged but at the end of the proceedings acquitted on the ground that the elements of the offence of negligence had not all been made out. An action for damages brought by the applicants was also dismissed.

Given that the health situation of the applicants ' son had been known well before he was called up to perform his military service, and that he had received psychiatric treatment right from the beginning of his service, the Court was convinced that the military authorities must have known that Mr Kılınç might try to commit suicide. That being so, the Court noted that Turkish legislation on conscription contained no clear provisions governing the supervision of those whose fitness to perform military service was in doubt or, more important still, the duties and responsibilities of superiors required to deal with the irregular situation of conscripts suffering from mental illness. Thus the regulatory context as regards the procedure to be followed by service doctors for establishing and monitoring Mr Kılınç ' s mental fitness before and after his call-up was flawed. That situation not only created uncertainty regarding the duties which could be assigned to him but also played a decisive role in the causation of the incident (violation of Article 2).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

EUR 4,000

EUR 17,500

EUR 2,000

EUR 23,500

Paid on 07/12/2005

b) Individual measures

In view of the violation found, no issue arises with regard to individual measures. Individual measures are linked to general measures in this case.

II. General measures

The Turkish authorities pointed out that ten years had elapsed since the events at issue took place and drew the Committee ' s attention to the measures taken since 1995, namely:

1. The regulatory framework concerning the conditions to be fit for military service:

a) The relevant provisions of the “Regulation on Health Capacity” were amended in 2004 with a view to facilitating the conditions for exemption from conscription for those who suffer from psychological problems.

b) The Ministry of Health and the Ministry of Defence have signed two protocols, in 1999 and 2005, with the aim of identifying those who suffer from psychological problems before their conscription. In this context, the Ministry of Health undertook to inform Conscription Offices of the identity of males older than 17 who had undergone psychological treatment. The Ministry should seek the consent of those concerned before revealing any data.

c) Since 2000, the medical reports of those future conscripts who have been diagnosed as suffering from drug or alcohol addiction or mental disorder have been taken into consideration during the conscription process.

d) Since 2003, potential conscripts have been requested to fill in a questionnaire before their conscription with a view to establishing any health problems they might have, including psychological problems.

e) The conscripts are now provided with better health services; in particular the number of doctors has been increased and medical examination periods have been extended.

2. The supervision of conditions during military service and the duties of those responsible for supervising any irregular situation of conscripts who are considered to be fit for military service

a) Since 1999, conscripts who are suspected of having psychological problems have been transferred to special training units and their health situation is followed by psychiatrists at military hospitals.

b) In 1997 Psychological Assistance Services were established in garrisons and barracks. Since 2001 these centres have provided assistance for those who suffer psychological problems on a permanent basis. In 2003, a set of guidelines concerning the working methods and activities of these services was published. Furthermore, a free telephone line was introduced to facilitate the access of conscripts to the assistants in these centres.

c) A “Leader Consultancy” scheme was introduced among the troops whereby conscripts are provided with assistance for their personal problems and needs. This scheme is aimed at solving problems before they give rise to crisis situations.

d) Since 2003, training programmes have been introduced for staff and conscripts on psychological problems and illnesses.

e) In 2002, the Centre for Family Communication was established within the Land Forces whereby communication by post and telephone between the conscripts and their family members could be facilitated.

f) In order to raise awareness among staff and conscripts, several brochures and booklets, such as “Leading Staff Guide”, “Security and Accident Prevention” and “Judicial Assistance”, have been made available.

g) The Armed Forces regularly issue “orders” concerning the procedures to be followed regarding conscripts suffering from psychological problems. According to an order issued on 19 January 2005, conscripts whose psychological problems are established by medical reports shall not be given arms and will be assigned to administrative or similar posts.

h) Lastly, in the event of a suicide, the authorities are under an obligation to prepare an “Incident Assessment Report” immediately with a view to ascertaining the circumstances surrounding the incident. Moreover, judicial and administrative investigations shall be carried out against those who are responsible.

3. The judgment of the Court was translated into Turkish and sent out to the relevant authorities. The judgment is also available on the website of the Court of Cassation ( www.yargitay.gov.tr )

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent new, similar violations and that Turkey has thus complied with its obligations under Article 46 paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 20 June 2007 at the 997th meeting of the Ministers’ Deputies.