GOMI AND OTHERS v. TURKEY / ECHR

Notes

Date	21/12/2006
AppNr	35962/97
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 2; 3; 6
Violated / NonViolated	3
Citations	236-16-3-d1338-1236-1

Conclusions:

No separate issue under Art. 13
No separate issue under Art. 6
No violation of Art. 3
No violation of Art. 3 in respect of the other injured persons
Violation of the procedural aspect of Art. 2 in respect of their deaths
Violation of the procedural aspect of Art. 3 in respect of 20 injured detainees
Violation of the substantive aspect of Art. 2 in respect of the death of 4 detainees

Keywords:

(art. 13) effective remedy
(art. 2-1) life
(art. 2-2) absolutely necessary
(art. 2-2) defence from unlawful violence
(art. 2-2) prevent escape
(art. 2-2) quell riot or insurrection
(art. 2-2) use of force
(art. 3) degrading treatment
(art. 3) inhuman treatment

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	FRENCH
Application Number	35962/97
Importance Level	2
Represented by	NARIN M. + 5 lawyers
Respondent State	Turkey
Date of Introduction	25/12/1996
Date of Judgment	21/12/2006
Conclusion	Violation of the substantive aspect of Art. 2 in respect of the death of 4 detainees ; Violation of the procedural aspect of Art. 2 in respect of their deaths ; Violation of the procedural aspect of Art. 3 in respect of 20 injured detainees ; No violation of Art. 3 in respect of the other injured persons ; No separate issue under Art. 6 and 13
Articles	2 ; 3 ; 6 ; 13
Separate Opinions	No
Strasbourg Case Law	Altay v. Turkey, no. 22279/93, § 50, 22 May 2001 ; Andronicou and Constantinou v. Cyprus, judgment of 9 October 1997, Reports of Judgments and Decisions 1997-VI, § 192 ; Assenov and Others v. Bulgaria, judgment of 28 October 1998, Reports of Judgments and Decisions 1998-VIII, § 102 ; Ay v. Turkey, no. 30951/96, § 62, 22 March 2005 ; Ceyhan Demir and Others v. Turkey, no. 34491/97, § 97 and § 98, 13 January 2005 ; Esen v. Turkey, no. 29484/95, § 25, 22 July 2003 ; Güleç v. Turkey, judgment of 27 July 1998, Reports of Judgments and Decisions 1998-IV, §§ 71, 79-81 and 82 ; Gültekin and Others v. Turkey, no. 52941/99, § 39, 31 May 2005 ; Kaya v. Turkey, judgment of 19 February 1998, Reports 1998-I, § 87 and § 105 ; K?l?ç v. Turkey, no. 22492/93, § 72, ECHR 2000-III ; Labita v. Italy [GC], no. 26772/95, § 120, ECHR 1999 ; Makaratzis v. Greece [GC], no. 50385/99, § 86, ECHR 2004-XI ; McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A no. 324, p. 46, §§ 148-150 and 161 ; McKerr v. the United Kingdom, no. 28883/95, §§ 113-114, ECHR 2001-III ; Mehdi Zana v. Turkey, no. 29851/96, §§ 25-27, 6 March 2001 ; O?ur v. Turkey [GC], no. 21594/93, §§ 78, 88 and 91-92, ECHR 1999-III ; Perk and Others v. Turkey, no. 50739/99, § 60 and § 73, 28 March 2006 ; Sat?k and Others v. Turkey, no. 31866/96, § 58 and § 60, 10 October 2000 ; Selmouni v. France [GC], no. 25803/94, § 95 and § 99, ECHR 1999-V ; Seyhan v. Turkey, no. 33384/96, § 77, 2 November 2004 ; Tekin v. Turkey, judgment of 9 June 1998, Reports 1998-IV, pp. 1517-1518, §§ 52 and 53
Keywords	"(Art. 13) EFFECTIVE REMEDY" "(Art. 2-1) LIFE" "(Art. 2-2) ABSOLUTELY NECESSARY" "(Art. 2-2) DEFENCE FROM UNLAWFUL VIOLENCE" "(Art. 2-2) PREVENT ESCAPE" "(Art. 2-2) QUELL RIOT OR INSURRECTION" "(Art. 2-2) USE OF FORCE" "(Art. 3) DEGRADING TREATMENT" "(Art. 3) INHUMAN TREATMENT"

Application Documents 1

GÖMI and OTHERS v. TURKEY

Court (First Section) Decision

29/04/2003

References 20

	16 PERK AND OTHERS v. TURKEY 2, 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	28/03/2006
	3 GULTEKIN AND OTHERS v. TURKEY 3, 6-1, 13 Court (Second Section) Judgment (Merits and Just Satisfaction)	31/05/2005
	46 AY v. TURKEY 3 Court (Second Section) Judgment (Merits)	22/03/2005
	14 CEYHAN DEMIR AND OTHERS v. TURKEY 2, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	13/01/2005
	112 MAKARATZIS v. GREECE 2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	20/12/2004
	10 SEYHAN v. TURKEY 2, 13, 2, 5 Court (Second Section) Judgment (Merits and Just Satisfaction)	02/11/2004
	81 TEKIN ET AUTRES contre la TURQUIE Court (First Section) Decision (Final)	25/09/2003
	27 ESEN v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	22/07/2003
	57 ALTAY v. TURKEY 3, 5-3, 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	22/05/2001
	16 SATIK AND OTHERS v. TURKEY 3 Court (First Section) Judgment (Merits and Just Satisfaction)	10/10/2000
	4 ZANA v. TURKEY Court (Third Section) Decision	19/09/2000
	1035 LABITA v. ITALY 3, 5-3, 5-1, 8, P4-2, P1-3, 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/04/2000
	237 McKERR v. THE UNITED KINGDOM Court (Third Section) Decision	04/04/2000
	55 KILIC v. TURKEY 2, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	28/03/2000
	934 SELMOUNI v. FRANCE 3, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/07/1999
	188 OGUR v. TURKEY 2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	20/05/1999
	663 ASSENOV AND OTHERS v. BULGARIA 3, 13, 5-3, 5-4, 25-1, 3, 6-1, 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	28/10/1998
	123 GÜLEÇ v. TURKEY 2 Court (Chamber) Judgment (Merits and Just Satisfaction)	27/07/1998
	375 KAYA v. TURKEY 2, 13, 2, 14, 6, 13 Court (Chamber) Judgment (Merits and Just Satisfaction)	19/02/1998
	87 ANDRONICOU AND CONSTANTINOU v. CYPRUS 2, 6-1 Court (Chamber) Judgment (Merits)	09/10/1997

Show all (20)

	GLADOVIC v. CROATIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	10/05/2011
	PEKER v. TURKEY (No. 2) 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	12/04/2011
	NIKOLAY FEDOROV v. RUSSIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	05/04/2011
	RUDAKOV v. RUSSIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	28/10/2010
	ISMAIL ALTUN v. TURKEY 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	21/09/2010
	3 KOPYLOV v. RUSSIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	29/07/2010
	12 ARTYOMOV v. RUSSIA 3, 13, 6-1, 3, 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	27/05/2010
	3 PERISAN AND OTHERS v. TURKEY 2, 3, 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	20/05/2010
	3 KAVAKLIOGLU ET AUTRES c. TURQUIE Court (Second Section) Decision	05/01/2010
	6 ANTIPENKOV v. RUSSIA 3 Court (First Section) Judgment (Merits and Just Satisfaction)	15/10/2009

ECHR CaseLaw

GOMI AND OTHERS v. TURKEY View

Notes

ECHR Notes

Application Documents 1

References 20

Citations Breakdown

Citations 23

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