CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2018

.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 } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .s29100277 { font-family:Arial; font-weight:bold } .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 } .s619FCD1 { font-family:Arial; list-style-position:inside } .sF6DACB3F { width:6.29pt; font:7pt 'Times New Roman'; display:inline-block }   Communicated on 7 September 2018   SECOND SECTION Application no. 26029/11 Hüseyin PAŞALI and others against Turkey lodged on 7 March 2011 SUBJECT MATTER OF THE CASE The application mainly concerns the killing of the applicants’ mother, daughter and sister Ayşe Paşalı by the latter’s former husband (İ.Y.) and the alleged failure of the State authorities to provide adequate safeguards to protect her right to life. The applicants invoke Articles 2, 3, 8 and 14 of the Convention in this respect. QUESTIONS tO THE PARTIES 1.     Has there been a violation of Article 2 of the Convention on the facts of the present case? Have the State authorities complied with their positive obligation to take appropriate steps to safeguard the life of the applicants’ mother, daughter and sister Ayşe Paşalı as required by Article 2 of the Convention, given in particular that they might have been aware of her allegations of domestic violence (see, for instance, Opuz v. Turkey , no.   33401/02, §§   128-130, ECHR 2009, and Halime Kılıç v. Turkey , no.   63034/11, §§   91 ‑ 102, 28 June 2016)?   2.     Was there an adequate legal and administrative framework in place at the material time to protect women against domestic violence? (a)     If so, were the protective measures envisaged under the relevant laws applied in an effective manner on the present facts to prevent violence against Ayşe Paşalı? What was the legal basis for the Ankara Family Court’s refusal to apply the protective measures available under section 1 of Law   no. 4320 despite Ayşe Paşalı’s express request? (b)     Did the criminal-law system, as applied in the instant case, have an adequate deterrent effect capable of ensuring the effective prevention of the unlawful acts committed by Ayşe   Paşalı’s former husband İ.Y.?   3.     Was the alleged lack of protection of women against domestic violence, as demonstrated in the present case, in breach of Article 14 of the Convention, in conjunction with Article 2 (see, for instance, Opuz , cited above, §§183-202, and Halime Kılıç , cited above, §§ 112-122)?   The Government are invited to submit the investigation and case files pertaining to all the criminal complaints lodged by Ayşe Paşalı against her former husband .   APPENDIX       Hüseyin PAŞALI is a Turkish national who was born in 1940, lives in Ankara and is represented by Ms E. Kabadayı Tatar and Mr O. Tatar     Zeliha PAŞALI is a Turkish national who was born in 1948, lives in Ankara and is represented by Ms E. Kabadayı Tatar and Mr O. Tatar     Şerife SÖZBİR is a Turkish national who was born in 1964, lives in Gelsenkirchen and is represented by Ms E. Kabadayı Tatar     Ahmet PAŞALI is a Turkish national who was born in 1970, lives in Ankara and is represented by Ms E. Kabadayı Tatar and Mr O. Tatar     Burcu Mürüvet YETKİN is a Turkish national who was born in 1989, lives in Ankara and is represented by Ms E. Kabadayı Tatar and Mr O. Tatar     Buse Gül YETKİN is a Turkish national who was born in 1995, lives in Ankara and is represented by Ms E. Kabadayı Tatar and Mr O. Tatar     Hilal Yağmur YETKİN is a Turkish national who was born in 1999, lives in Ankara and is represented by Ms E. Kabadayı Tatar and Mr O. Tatar