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Kurt v. Turkey (24276/94) [1998] ECHR 44 (25 May 1998)

Facts: the applicant was the father of the victim who disappeared four years before in Turkey and who was last seen surrounded by members of security forces. She made an application before the Commission against the Turkish authorities which refused to admit that his son had been taken into custody and had not been seen since. She was thereafter pressed by the Turkish authorities to withdraw her application.

Complaint: the applicant claimed his son's disappearance was the responsibility of the State and that there was a violation of article 2 (right to life), article 5, 3, 13, 14, 18 of the European Convention.

Holding: the ECHR did not find it necessary to consider article 2 since there was not enough evidence substantiating a claim of a violation of article 2.

Reasoning: an applicant had to prove beyond a reasonable doubt that the victim had died before the court would find a violation of the right to life under Article 2. The Member States had a positive obligation under Article 2 to conduct an effective investigation into the circumstances surrounding an alleged unlawful killing by the agents of that State. However, the Court concluded that applicant's case rested entirely on presumptions and there was not concrete evidence to find a violation of article 2.

 

 

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