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Kaya v. Turkey, [1998] IIHRL 12 (19 February1998).

Facts: the applicant's brother was living in Turkey and was killed by the Turkish security forces in unclear and disputed circumstances. The applicant alleged that his brother was deliberately killed by the security forces whereas the Government claimed he was killed in a gun battle between security forces and terrorists.

Complaint: Relying on article 2 of the European Convention, the applicant claimed that his brother had been unlawfully killed by the security forces in circumstances where there was no threat to their lives and that no effective investigation was conducted by the authorities into his brother's death.

Holding: the ECHR found a violation of article 2

Reasoning: even if the killing took place in violent armed clashes and under an incidence of fatalities, Article 2 imposes a positive duty on the State to conduct an effective and independent investigation into deaths arising out of clashes involving the security forces, especially when the circumstances are in many respects unclear. The Court held that the authorities failed to carry out that duty and thus violated article 2.

 

 

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