BULDAN v. TURKEY View

Notes

Date	20/04/2004
AppNr	28298/95
Body	Court (Second Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 14; 2; 3; 41
Violated / NonViolated	2132314
Citations	23813235891314183438P1-1

Conclusions:

Costs and expenses partial award - Convention proceedings
No violation of Art. 14
No violation of Art. 2
No violation of Art. 2 with regard to applicant
No violation of Art. 2 with regard to killing of applicant's brother
No violation of Art. 3
Non-pecuniary damage - financial award
Pecuniary damage - claim rejected
Violation of Art. 13
Violation of Art. 2
Violation of Art. 2 with regard to lack of effective investigation

Keywords:

(art. 13) effective remedy
(art. 2-1) life
(art. 3) inhuman treatment
positive obligations

ECHR Notes

Originating Body	Court (Second Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	28298/95
Importance Level	2
Represented by	N/A
Respondent State	Turkey
Date of Judgment	20/04/2004
Conclusion	No violation of Art. 2 with regard to killing of applicant's brother ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 2 with regard to applicant ; No violation of Art. 3 ; Violation of Art. 13 ; No violation of Art. 14 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings
Articles	2 ; 3 ; 13 ; 14 ; 41
Separate Opinions	No
Strasbourg Case Law	Aksoy v. Turkey, judgment of 18 December 1996, Reports 1996 VI, p. 2286, § 95; Avsar v. Turkey, no. 25657/94, §§ 283, 390-395, ECHR 2001-VII; Aydin v. Turkey, judgment of 25 September 1997, Reports 1997 VI, pp. 1895-96, § 103; Boyle and Rice v. the United Kingdom, judgment of 27 April 1988, Series A no. 131, p. 23, § 52; Çakici v. Turkey [GC], no. 23657/94, §§ 80, 87 and 106, 127, ECHR 1999-IV; Ireland v. the United Kingdom, judgment of 18 January 1978, Series A no. 25, p. 65, § 161; Kaya v. Turkey, judgment of 19 February 1998, Reports 1998 I, pp. 329-331, §§ 106, 107; Klaas v. Germany, judgment of 22 September 1993, Series A no. 269, pp. 17, 18, §§ 29, 30; Mahmut Kaya v. Turkey, no. 22535/93, §§ 106-07, ECHR 2000-III; McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A no. 324, pp. 45-46, §§ 146-47; McKerr v. the United Kingdom (dec.), no. 28883/95, 4 April 2000; McKerr v. the United Kingdom, no. 28883/95, §§ 108-15, ECHR 2001 III; Önen v. Turkey, no. 22876/93, § 115, 14 May 2002; Orhan v. Turkey, no. 25656/94, § 326, 18 June 2002; Özgür Gündem v. Turkey, no. 23144/93, § 40 ECHR 2000 III; Ribitsch v. Austria, judgment of 4 December 1995, Series A no. 336, § 32; Tanrikulu v. Turkey [GC], no. 23763/94, §§ 101, 103, 109, ECHR 1999-IV; Tepe v. Turkey, no. 27244/95, §§ 115-22, 9 May 2003; Ülkü Ekinci v. Turkey, no. 27602/95, §§ 111-118, 141, 142, 144, 16 July 2002; Velikova v. Bulgaria, no. 41488/98, § 80, ECHR 2000-VI; Yasa v. Turkey, judgment of 2 September 1998, Reports 1998 VI, §§ 95-96, 102-104, 113
Keywords	"(Art. 13) EFFECTIVE REMEDY" "(Art. 2-1) LIFE" "(Art. 3) INHUMAN TREATMENT" "POSITIVE OBLIGATIONS"

Application Documents 1

BULDAN v. TURKEY

Court (Second Section) Decision

04/06/2002

References 16

	31 TEPE v. TURKEY 2, 13, 2, 3, 5, 14, 18 Court (Second Section) Judgment (Merits and Just Satisfaction)	09/05/2003
	54 ULKU EKINCI v. TURKEY 2, 13, 2, 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	16/07/2002
	227 ORHAN v. TURKEY 2, 3, 5, 8, P1-1, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	18/06/2002
	13 SEMSI ONEN v. TURKEY 2, 13, 2, 3, 8, 14 Court (Second Section) Judgment (Merits and Just Satisfaction)	14/05/2002
	191 AVSAR v. TURKEY 2, 13, 3, 14 Court (First Section) Judgment (Merits and Just Satisfaction)	10/07/2001
	237 McKERR v. THE UNITED KINGDOM Court (Third Section) Decision	04/04/2000
	148 MAHMUT KAYA v. TURKEY 2, 3, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	28/03/2000
	54 OZGUR GUNDEM v. TURKEY 10, 14 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	16/03/2000
	275 ÇAKICI v. TURKEY 2, 3, 5, 13, 3, 14, 18 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/1999
	283 TANRIKULU v. TURKEY 2, 13, 2, 14 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/1999
	113 VELIKOVA v. BULGARIA Court (Fourth Section) Decision (Final)	18/05/1999
	375 KAYA v. TURKEY 2, 13, 2, 14, 6, 13 Court (Chamber) Judgment (Merits and Just Satisfaction)	19/02/1998
	722 AKSOY v. TURKEY 3, 5-3, 13, 25-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	18/12/1996
	293 RIBITSCH v. AUSTRIA 3 Court (Chamber) Judgment (Merits and Just Satisfaction)	04/12/1995
	329 KLAAS v. GERMANY 3 Court (Chamber) Judgment (Merits)	22/09/1993
	924 IRELAND v. THE UNITED KINGDOM 3, 5, 14 Court (Plenary) Judgment (Merits and Just Satisfaction)	18/01/1978

Citations Breakdown

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1–10 of 25

Citations 25

	KOSEVA v. BULGARIA Court (Fifth Section) Decision	22/06/2010
	WEBER AND OTHERS v. POLAND 2 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	27/04/2010
	ADIYAMAN v. TURKEY Court (Fourth Section) Decision	09/02/2010
	1 BABAT AND OTHERS v. TURKEY 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	12/01/2010
	BOZTAS AND OTHERS v. TURKEY Court (Second Section) Decision	05/01/2010
	5 VELCEA AND MAZARE v. ROMANIA 2, 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	01/12/2009
	TRUFIN v. ROMANIA 2 Court (Third Section) Judgment (Merits and Just Satisfaction)	20/10/2009
	3 GIULIANI AND GAGGIO v. ITALY 2, 2, 38 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	25/08/2009
	7 ZAVOLOKA v. LATVIA 13, 2 Court (Third Section) Judgment (Merits and Just Satisfaction)	07/07/2009
	6 ESAT BAYRAM v. TURKEY 2 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	26/05/2009

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