CEDH · CASELAW;COMMUNICATEDCASES;ENG — 6 décembre 2016

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 6 December 2016   SECOND SECTION Application no. 8536/16 Kemal KOÇ and others against Turkey lodged on 11 February 2016     The facts and complaints in this application have been summarised in the Court’s decision, which is available in HUDOC.       QUESTIONS TO THE PARTIES 1.     Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?   2.     Have the applicants’ relatives’ right to life, ensured by Article 2 of the Convention, been violated in the present case? In this connection, were they killed by agents of the State while they were in the basement of the building? Also in this connection, what steps were taken by the authorities which, judged reasonably, might have been expected to protect the applicants’ relatives’ lives after they were shot and injured (see Osman v. the United Kingdom , 28   October 1998, § 116, Reports of Judgments and Decisions 1998 ‑ VIII)?   Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), has an investigation been opened into the deaths of the applicants’ relatives by the domestic authorities, as required by Article 2 of the Convention? If so, is that investigation being conducted in compliance with the requirements of an effective investigation, within the meaning of the Court’s case-law under Article 2 of the Convention? The Government are requested to submit a copy of the investigation file, including a copy of the documents pertaining to the discovery and identification of the bodies of the applicants’ relatives.   3.     Have the applicants’ relatives suffering in the period leading up to their deaths amounted to ill-treatment within the meaning of Article 3 of the Convention?