Communicated on 18 May 2020 Published on 8 June 2020

SECOND SECTION

Application no. 64778/12 Keramettin AKÇA and Others against Turkey lodged on 16 August 2012

SUBJECT MATTER OF THE CASE

The application concerns the killing of the applicants ’ two relatives, namely H.A. and M.C. by a third person, H.C., allegedly within the premises of a gendarme station where the gendarme officers on duty had neglected to carry out a security search at the entrance. Relying on Article 2 of the Convention, the applicants maintained that the authorities had failed to protect the right to life of their relatives by not taking the necessary safeguards at the entrance of the gendarmerie station. They further complained that the ensuing criminal proceedings against the gendarme officers had been dismissed by the Court of Cassation due to the expiry of the statutory time-limit.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 2 in the circumstances of the present case?

2. Bearing in mind that the Vezirköprü Criminal Court found it established that the accused gendarme officers had neglected to conduct a security search at the entrance of the station, have the authorities complied with their positive obligation to take appropriate steps to safeguard the right to life of the applicants ’ relatives, a s required by Article 2 of the Convention?

3. Furthermore, in view of the fact that the proceedings against the gendarme officers had been dismissed due to the expiry of the statutory time-limit, have the authorities conducted an effective investigation in accordance with the proc edural obligation under Article 2 of the Convention?