Communicated on 12 December 2019

SECOND SECTION

Application no. 77747/12 Nesim Y I LMAZ and others against Turkey lodged on 8 September 2012

SUBJECT MATTER OF THE CASE

The application concerns the killing of the applicants ’ close relative, Mr Zahir Yılmaz, who was fourteen years old at the time. Mr Yılmaz was shot and killed by a group of soldiers on 1 October 2003 near the Turkish-Iranian border while he was smuggling fuel from Iran on horseback with a group of people. At the end of the criminal proceedings, the accused soldiers were acquitted of the offence of unlawful killing by using excessive force, as it was considered that they had acted in self-defence. Relying on Article 2 of the Convention, the applicants allege that Zahir Yılmaz was killed as a result of excessive use of force, and complain about the ineffectiveness of the ensuing investigation and criminal proceedings.

QUESTIONS TO THE PARTIES

1. Has the applicants ’ relative ’ s right to life, ensured by Article 2 of the Convention, been violated in the present case?

Did the national judicial authorities make an adequate assessment of whether the applicants ’ relative ’ s death resulted from a use of force which was absolutely necessary and proportionate?

2. 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), was the investigation and the subsequent criminal proceedings against the soldiers in the present case by the domestic authorities in breach of Article 2 of the Convention?

The Government are requested submit a full copy of the investigation file, in particular all technical and forensic examination reports pertaining to the bullets found at the scene of incident and to the swabs taken from the hands of the deceased.