Communicated on 17 April 2018

SECOND SECTION

Application no. 77832/12 Melek TOKUR and others against Turkey lodged on 21 September 2012

SUBJECT MATTER OF THE CASE

The application concerns the security operation conducted on 19 December 2000 in the Ãœmraniye Prison where the applicants were being detained. During the operation eight persons were killed and a large number of 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 conducted in Ãœmraniye Prison, in breach of Article 3 of the Convention? In this connection, were the applicants examined by doctors in the immediate aftermath of the operation?

It is to be noted, in this connection, that the injuries suffered by three of the applicants, namely Nuri Akalın , Ömer Berber and İdris Yiğit , after the operation in Ümraniye Prison which are set out in the medical reports submitted to the Court in support of their arguments in the present application (drawn up on 22 December 2000 (Protocol No. 65), 23 December 2000 (Protocol No. 320) and 23 December 2000 (Protocol No. 307) respectively), have already been examined by the Court in its judgment in the case of Gülbahar and Others v. Turkey (no. 5264/03, §§ 21, 28, 32 and 63, 21 October 2008).

3. 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) and the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, 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, whose names 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. 2004/175 E.), in breach of Articles 2 or 3 of the Convention?

APPENDIX