CEDH · PRESS;HEARINGS;ENG — 3 février 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBA8DCCFC { width:35.45pt; display:inline-block } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS     64   3.2.1999   Press release issued by the Registrar   HEARING IN THE CASE OF OĞUR v. TURKEY   Wednesday, 3 February 1999 at 9 a.m.   The applicant     The case concerns an application (application no. 21594/93) brought by a Turkish national, Mrs Sariye Oğur, who was born in 1923 and lives in Sariyaprak, a district in the province of Siirt, in which a state of emergency is in force.   Summary of the facts     On 24 December 1990 an armed operation was carried out by the security forces at a site belonging to a mining company some six kilometres from the village of Dağkonak. The applicant’s son, Musa Oğur, who worked at the mine as a night-watchman, was killed at about 6.30 a.m. as he was about to come off duty.     On 26 December 1990 the public prosecutor’s office ruled that it had no jurisdiction to institute proceedings against such servants of the State and forwarded the file to the Administrative Council of the province of Şırnak. On 15 August 1991 the Administrative Council decided that the members of the security forces who had taken part in the operation of 24 December 1990 should not be prosecuted in the criminal courts. In its view, the victim had died following the firing of warning shots during the operation in question; neither the evidence in the file nor taking statements from witnesses would make it possible, however, to identify with any certainty the person who had fired. On 19 September 1991 the Supreme Administrative Court upheld that ruling.   Complaints     The applicant complained that her son had been the victim of an infringement of the right to life, secured in Article 2 of the European Convention on Human Rights.   Procedure     The application was lodged with the European Commission of Human Rights on 16   March 1993. Having found the application admissible, the Commission adopted a report on 30 October 1997 in which it expressed the opinion that there had been a violation of Article   2 (thirty-two votes to one). It referred the case to the old Court on 15 December 1997. Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Antonio Pastor Ridruejo   (Spanish), Giovanni Bonello   (Maltese), Jerzy Makarczyk   (Polish), Pranas Kūris   (Lithuanian), Jean-Paul Costa   (French), Françoise Tulkens   (Belgian), Viera Strážnická   (Slovakian), Marc Fischbach   (Luxemburger), Volodymyr Butkevych   (Ukrainian), Josep Casadevall   (Andorran), Hanne Sophie Greve   (Norwegian), András Baka   (Hungarian), Rait Maruste   (Estonian), Snejana Botoucharova   (Bulgarian), Judges , Feyyaz Gölcüklü   (Turkish), ad hoc Judg e,   Nina Vajić   (Croatian), Egils Levits   (Latvian), Lucius Caflisch   (Swiss) 1 , Substitute Judges ,   and also Michele de Salvia , Registrar , Paul Mahoney , Deputy Registrar , and Maud de   Boer-Buquicchio , Deputy Registrar .   Representatives of the parties     Government: Mrs Deniz Akçay , co-Agent ; Mr Erdoğan Genel , Mr Mustafa Soysal , Mrs   Alev Günyakti , Mrs Meltem Gülşen and Mr Bilal Caliskan , advisers ; Mrs Senem Güzel , expert .     Applicant: Mr Hasip Kaplan , of the Istanbul Bar, counsel .     The Commission will be represented by Mr Marek Nowicki , Delegate , assisted by Mrs Marie-Thérèse Schoepfer , Secretary to the Commission .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91   _________________ 1.   Judge in respect of Liectenstein.