ARSLAN v. TURKEY
Doc ref: 79650/16 • ECHR ID: 001-187029
Document date: September 17, 2018
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Communicated on 17 September 2018
SECOND SECTION
Application no. 79650/16 Osman ARSLAN and Sahibe ARSLAN against Turkey lodged on 25 November 2016
SUBJECT MATTER OF THE CASE
The application concerns the killing of the applicants ’ son in 1994, allegedly by members of the security forces. The applicants complain of a violation of, inter alia , Articles 2 and 13 of the Convention and allege, in particular, that the national authorities failed to protect the right to life of their son and that the investigating authorities failed to carry out an effective investigation into the death.
QUESTIONS tO THE PARTIES
1. Did the applicants have an “arguable claim” that there had been a violation of Article 2 of the Convention on account of the killing of their son?
2. Was the decision of the Constitutional Court not to examine the applicants ’ complaints concerning the death of their son from the standpoint of the right to life – to which the applicants expressly referred in the application form they submitted to that court – compatible with the obligation to provide an effective remedy within the meaning of Article 13 of the Convention read in conjunction with Article 2 of the Convention?