CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 septembre 2017

.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 } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .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 } .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 } .s76CF415B { page-break-before:always; clear:both } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal }   Communicated on 22 September 2017   SECOND SECTION Application no. 61484/11 Nilgün SOYDAN and others against Turkey lodged on 17 August 2011 SUBJECT MATTER OF THE CASE The application concerns the allegation of a lack of an effective investigation and trial into the murder of the applicants’ close relative Kemal Türkler, founder and the first president of Confederation of Progressive Trade Unions of Turkey ( Türkiye Devrimci İşçi Sendikaları Konfederasyonu , DİSK ), just before the coup d’Etat of 12 September 1980. The applicants complain under the procedural limb of Article 2 of the Convention, alleging that the prosecution of the one of the perpetrators was time-barred due to the ineffective criminal investigation and the delays in criminal proceedings.   QUESTIONS tO THE PARTIES 1.     Having regard to the procedural protection of the right to life (see Salman v.   Turkey [GC], no. 21986/93 , §104, ECHR 2000-VII), were the criminal investigation conducted after 1996 and the trial in the present case by the domestic authorities in breach of Article 2 of the Convention? In this connection, did the national authorities carry out an effective investigation and conduct an adequate trial in order to identify and punish the perpetrators of the murder of the applicants’ relative? Also in this connection: a)     Were the criminal proceedings conducted in a timely manner to avoid the prosecution from being time-barred (see Cerf v. Turkey , no. 12938/07, §   79-81, 3 May 2016)? b)     Were the failures, relied on by the Court of Cassation in quashing the trial court’s judgments, adressed by the trial court?     Appendix         Nilgün SOYDAN is a Turkish national who was born in 1961, lives in Istanbul and is represented by E. Cinmen     Sabahat TÜRKLER is a Turkish national who was born in 1938, lives in Istanbul and is represented by E. Cinmen     Yasemin TÜRKLER is a Turkish national who was born in 1959, lives in Istanbul and is represented by E. Cinmen