By Douwe Korff
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The cases of Kaya and Avsar v. Turkey, just mentioned, are two examples. A further one is Gül v. Turkey,87 in which the domestic forensic investigation at the scene and the subsequent domestic autopsy procedures were seriously defective and had hampered any effective reconstruction of events. The Court can take similar fact-finding action – but this will always remain highly exceptional. Normally, the domestic proceedings and additional information submitted to the Court by the parties will suffice for the establishment of the facts, at least to the Court’s own satisfaction.
Turkey, judgment of 28 July 1998, §§ 83-84, where the public prosecutor investigating the death of a girl during an alleged clash showed a lack of independence through his heavy reliance on the information provided by the gendarmes implicated in the incident. [original comment] 123. g. Kaya v. Turkey, judgment of 19 February 1998, § 87. Use of lethal force by agents of the State NO. 124 • Any deficiency in the investigation which undermines its ability to establish the cause of death or the person responsible will risk falling foul of this standard.
The degree of public scrutiny required may well vary from case to case. In all cases, however, the next of kin of the victim must be involved 124. g. Salman v. g. Tanrıkulu v. g. Gül v. Turkey, judgment of 4 December 2000, § 89. 125. See Yaşa v. Turkey, judgment of 2 September 1998, §§ 102-104; Cakıcı v. Turkey, judgment of 8 July 1999, §§ 80, 87 and 106; Tanrikulu v. Turkey, judgment of 8 July 1999, § 109; Mahmut Kaya v. Turkey, judgment of 28 March 2000, §§ 106-107. 126 Importantly, in particular in respect of other cases of internal, and indeed of international armed conflict (as further discussed later), the Court in Kaya noted that: … loss of life is a tragic and frequent occurrence in view of the security situation in south-east Turkey […].
The right to life by Douwe Korff
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