Information Note on the Court’s case-law 53

May 2003

Tepe v. Turkey - 27244/95

Judgment 9.5.2003 [Section II]

Article 2

Article 2-1

Life

Abduction and murder, allegedly by the police, in 1993, and adequacy of investigation: no violation, violation

Article 38

Obligation to furnish all necessary facilities

Delays and omissions by Government in responding to requests for documents, information and witnesses: failure to comply with Article 38

Facts : The applicant alleges that his son, a journalist for Özgür Gündem , was taken into detention and tortured by the police in 1993. His body was found a few days later. As the allegations were denied by the Government, a delegation of the European Commission of Human Rights took evidence in the case.

Law : Article 38 § 1 (a) – The Court found that the Government had failed to provide any convincing explanation for delays and omissions in response to the Co urt’s requests for relevant documents, information and witnesses. It considered that inferences could be drawn from the Government’s conduct and furthermore found that the Government had failed to furnish all necessary facilities within the meaning of Arti cle 38.

Assessing the evidence, the Court was unable to make a finding as to who might have been responsible for the death of the applicant’s son. It considered that a finding to the effect that secret elements within the State security forces or persons with the connivance of the State authorities had abducted and killed him would be based more on conjecture, speculation and assumption than on reliable evidence. The only evidence that the applicant’s son had been detained in Diyarbakır prison was hearsay and the e vidence before the Court was incomplete, inconsistent and even contradictory. The Court therefore concluded that the applicant’s allegations had not been sufficiently proved.

Article 2 (killing) – While the circumstances in which the applicant’s son died a nd the fact that he was working for a pro-Kurdish newspaper militated in favour of the applicant’s allegations, the material in the case file did not enable the Court to conclude beyond all reasonable doubt that the applicant’s son had been abducted and ki lled by any State agent or person acting on behalf of the State authorities.

Conclusion : no violation (unanimously).

Article 2 (effective investigation) – There were striking omissions in the conduct of the investigation, such that the national authorities had failed to carry out an adequate and effective investigation into the circumstances surrounding the death of the applicant’s son. There had therefore been a violation of Article 2 under its procedural limb.

Conclusion : violation (unanimously).

Articles 3 and 5 – There was no factual basis on which to conclude that there had been any violation of these provisions.

Conclusion : no violation (unanimously).

The Court found that it was unnecessary to examine the applicant’s complaint under Article 10, and concluded that there had been no violation of Articles 14 and 18. However, it concluded that there had been a violation of Article 13.

Article 41 – The Court made awards in respect of non-pecuniary and damage and costs and expenses.

© Council of Euro pe/European Court of Human Rights This summary by the Registry does not bind the Court.

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