Communicated on 23 June 2020 Published on 15 July 2020

SECOND SECTION

Application no. 55362/19 Ayla ORAN ÖZGÜN against Turkey lodged on 21 October 2019

SUBJECT MATTER OF THE CASE

The application concerns the alleged abduction and disappearance of the applicant ’ s brother, Mr Ayhan Oran, on 1 November 2016 in Ankara. The applicant ’ s brother, who was a former member of the National Intelligence Agency, was accused of being involved with the terrorist organisation known as the FETÖ/PDY (“ Gülenist Terror Organisation/Parallel State Structure”). Relying on Articles 2, 3, 5 of the Convention, the applicant complains about the lack of an effective investigation into Mr Oran ’ s disappearance.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all domestic remedies, as required by Article 35 § 1 of the Convention? In particular, can the individual application to the Constitutional Court be considered as an effective remedy within the meaning of Article 35 § 1 of the Convention in respect of the applicant ’ s complaints under Articles 2, 3 and 5 of the Convention?

2. Was the right to life of the applicant ’ s brother, ensured by Article 2 of the Convention, violated in the present case? In particular, was he abducted, as alleged, by agents of the State on 1 November 2016?

3. In accordance with the procedural and positive obligations under Article 2 of the Convention, have the authorities carried out an effective investigation and taken the necessary measures to find the applicant ’ s brother in order to safeguard his life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000 ‑ VII and OsmanoÄŸlu v. Turkey , no. 48804/99, §§ 77-84, 24 January 2008)?

In this connection,

3.1. What steps are being taken by the investigating authorities, in particular by the relevant prosecutors, in order to find the applicant ’ s brother who was allegedly abducted in Ankara?

3.2. Have the records of public and private surveillance cameras which could have captured the incident in the vicinity of the crime scene been collected and analysed? If the answer is in the affirmative, what actions are taken to follow those leads?

3.3. In so far as the applicant has informed the domestic authorities that a certain V.K.A., who was an accused in a criminal case that had been pending before the Ankara 2 nd Assize Court (no. 2018/2200E), stated in the hearing of 25-26 March 2016 that he had been shown video recordings of the applicant ’ s brother under torture by the National Intelligence Agency, what steps have been taken by the prosecution authorities to verify these allegations?

3.4. Furthermore, following the applicant ’ s submission that an anonymous twitter account had claimed that certain people, who had been allegedly involved in the FETÖ/PDY terrorist organisation, had been abducted and tortured in a place known as the “Farm” in Ankara, what steps have been taken by the prosecution authorities to verify these claims?

4. Has there been a violation of Article 5 of the Convention on account of the disappearance of the applicant ’ s brother? ( Çiçek v. Turkey , no. 25704/94 , §164, 27 February 2001).

The Government are requested to submit a copy of the investigation file.