CEDH · CASELAW;CLIN;ENG — 29 novembre 2022

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } Legal summary January 2023 Cömert and Others v. Türkiye (dec.) - 17231/17 Decision 29.11.2022 [Section II] Article 35 Article 35-1 Exhaustion of domestic remedies Application to the Court premature, in view of an application to the Constitutional Court and a   compensation claim, both pending and effective, with regard to complaints concerning the death of a demonstrator from a shot fired by a police officer: inadmissible Facts – During a demonstration, a relative of the applicants sustained a head wound from the firing of a tear-gas canister by a policeman; he died from his injury. The police officer was convicted of assault resulting in unintentional death and sentenced by the assize court to thirteen years and four months’ imprisonment. The Court of Cassation quashed that judgment on the grounds that the defendant had committed involuntary homicide. The assize court sentenced the police officer, on that basis, to a term of imprisonment of six years, ten months and fifteen days. The Court of Cassation upheld that judgment. The applicants then brought a claim against the Ministry of the Interior before the administrative court, which held that the authorities had been negligent and ordered them to pay compensation in respect of pecuniary and non-pecuniary damage. The regional administrative court upheld that judgment. The Ministry of the Interior paid the applicants the sum in question. Those proceedings are currently pending before the Supreme Administrative Court. Lastly, the applicants lodged an individual application with the Constitutional Court, in which they complained about their relative’s death and alleged that the related criminal investigation had been ineffective. Those proceedings are still pending. Before the Court, the applicants submitted that the circumstances of the case had entailed a violation of both the substantive and procedural aspects of Article   2 of the Convention. Law – Article   35 § 1: Several sets of proceedings concerning the applicants’ complaints remained pending before the national courts, and the applicants had not put forward any grounds to justify the premature lodging of their application before the Court. In this connection, those pending domestic proceedings undoubtedly represented an effective forum in which to obtain redress for the complaints raised in this application. Accordingly, the Court would not examine the case further, as the application was manifestly premature. However, should the national proceedings prove to be so unproductive, on account of their duration or the manner in which they were conducted, that they are ineffective within the meaning of the Court’s case-law, and particularly should the Constitutional Court’s decision on the individual application pending before it fail to address the applicants’ concerns satisfactorily, it would be open to them to lodge a fresh application with the Court. In any event the Court reserved the possibility, ultimately, of ascertaining whether the case-law of the Constitutional Court was consistent with its own ( Uzun v.   Turkey (dec.)). Conclusion : inadmissible (failure to exhaust domestic remedies). (See also Uzun v.   Turkey (dec.), 10755/13, 30   April 2013, Legal Summary )   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. To access legal summaries in English or French click here . For non-official translations into other languages click here .