Information Note on the Court’s case-law 7

June 1999

Çelikbilek v. Turkey (dec.) - 27693/95

Decision 22.6.1999 [Section I]

Article 2

Article 2-1

Life

Abduction and murder by unidentified perpetrators: admissible

Article 34

Victim

Brother of person allegedly murdered by the security forces accepted as victim: admissible

The applicant claims that his brother was taken away from a café by four plain-clothe s policemen in 1994. His brother's body was found a week later, allegedly bearing the marks of torture. The autopsy report states that there were numerous bruises on the body and concludes that the applicant's brother had been strangled after being severel y beaten. The victim's wife lodged a criminal complaint and an investigation opened by the public prosecutor is still pending. The Government state that the applicant's brother had a criminal record relating to drug trafficking.

Article 34: The applicant, as a brother affected by the death, may claim to be a victim (notwithstanding the fact that the victim's widow rather than the applicant lodged a criminal complaint with the authorities).

Article 35 § 1: In so far as the applicant has failed to lodge a criminal complaint, under Turkish law this is not a prerequisite to the opening of a criminal investigation, and such an investigation has in fact been opened. The applicant is not required to make an exp licit request to open a criminal investigation by lodging a complaint himself, as this would not lead to any different result.

Admissible under Articles 2, 3, 6 and 14.

© Council of Europe/European Court of Human Rights This summary by the Registry does n ot bind the Court.

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