Communicated on 9 May 2018

SECOND SECTION

Application no. 66571/09 Kamile KAYIR and others against Turkey lodged on 1 December 2009

SUBJECT MATTER OF THE CASE

The application concerns the security operation conducted on 19 December 2000 in the Çanakkale Prison where the applicants were being detained. During the operation five persons were killed and many others were injured. The applicants, all of whom survived the operation, complain that their lives were endangered and that they were subjected to ill-treatment during the operation and that no effective investigation was conducted into their complaints, in breach of their rights under Articles 2, 3 and 13 of the Convention

QUESTIONS tO THE PARTIES

1. Have the applicants ’ right to life, ensured by Article 2 of the Convention, been violated in the present case in the course of the security operation conducted in their prison?

In particular, was it absolutely necessary to resort to the use of force which, in the opinion of the applicants, endangered their lives?

2. Have the applicants been subjected to ill-treatment in the course of the security operation, in breach of Article 3 of the Convention? In this connection, were the applicants examined by doctors in the aftermath of the operation?

3. Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII) and the procedural protection from ill-treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), were the investigation and the trial in the present case conducted by the domestic authorities into the complaints made by the applicants are referred to as complainants/victims ( müşteki / mağdurlar ) in the indictment filed against members of the security forces and in the ensuing criminal proceedings (in case no. 2003/378 E.), in breach of Articles 2 or 3 of the Convention?

APPENDIX

List of the Applicants: