CEDH · PRESS;HEARINGS;ENG — 25 mars 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 } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sBA8DCCFC { width:35.45pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     178   25.3.1999   Press release issued by the Registrar   HEARING IN THE CASE OF TANRIKULU v. Turkey   Thursday, 25 March 1999 at 9 a.m.   The applicant     The case concerns an application (application no.   23763/94) brought by a Turkish national, Selma Tanrıkulu, who was born in 1964 and lives in Diyarbakır in south-east Turkey. The application was lodged on her behalf and on behalf of her deceased husband, Zeki Tanrıkulu, and their three children.   Summary of the facts     Mr Tanrıkulu was a doctor in the Silvan State hospital. At around noon on 2   September   1993 he was shot on a steep road which runs between the hospital and the Silvan police headquarters. The applicant, who heard the shots, rushed over from her apartment situated in the grounds of the hospital and saw two men running away. Her husband died soon after.     The applicant and the Government have put forward different versions of the events concerned.     According to the applicant, there were at least eight members of the security forces standing in a line across the road where her husband was shot, brandishing machine guns. She pleaded with them not to let the two men whom she had seen running away escape but they did nothing.     According to the Government, there were no more than two police officers present outside the police headquarters. These officers, who were under strict instructions not to leave their post, stood guard outside the entrance to the headquarters, which was around the corner from where the incident took place.     On 5 November 1993 the Silvan public prosecutor’s office ruled that it had no jurisdiction to investigate the matter and transferred the file to the State Security Court at Diyarbakır. The chief public prosecutor at that Court took a statement from the applicant on 18 November 1994. The investigation has not led to any arrests and is still pending.   Complaints     The applicant complains that her husband has been killed either by State security forces or with the connivance of those forces and that he was thus the victim of an infringement of the right to life guaranteed under Article   2 of the European Convention on Human Rights. She also complains that the lack of an effective official investigation constitutes another independent violation of Article 2 of the Convention as well as of the rights of access to court and of effective national remedies for Convention breaches as guaranteed by Articles 6 § 1 and 13. The applicant further alleges that her husband was targeted because of his Kurdish origins which, in her view, amounts, among other things, to inhuman and degrading treatment in breach of Article 3 and to discrimination prohibited by Article 14 of the Convention. Finally, the applicant complains that she has been hindered in the exercise of her right of individual petition as guaranteed by former Article 25 § 1 of the Convention.   Procedure     The application was lodged with the European Commission of Human Rights on 25   February 1994. Having found the application admissible, the Commission adopted a report on 15 April 1998 in which it expressed the opinion that there had been a violation of Article   2 in respect of the investigation into the killing (unanimously) and of Article 13 (unanimously), that there had not been a violation of Articles 3 (unanimously) and 14 (unanimously), that it was not necessary to examine the complaint under Article 6 (unanimously), and that Turkey had failed to comply with its obligations under former Article 25 of the Convention (29 votes to 1). It referred the case to the Court on 24   September   1998.   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), Luigi Ferrari Bravo   (Italian), [1] Lucius Caflisch   (Swiss), [2] Jean-Paul Costa   (French), Willi Fuhrmann   (Austrian), Karel Jungwiert   (Czech), Marc Fischbach   (Luxemburger), Boštjan Zupančič   (Slovenian), Nina Vajić   (Croatian), John Hedigan   (Irish), Wilhelmina Thomassen   (Dutch), Margarita Tsatsa-Nikolovska   (FYROMacedonia), Tudor Pantiru   (Moldovan), Egils Levits   (Latvian), Kristaq Traja   (Albanian), Judges , Feyyaz Gölcüklü (Turkish), ad hoc Judge , Pranas Kūris   (Lithuanian), Volodymyr Butkevych   (Ukrainian), Giovanni Bonello   (Maltese), Substitute Judges ,     and also Michele de Salvia , Registrar and Maud de   Boer-Buquicchio , Deputy Registrar .   Representatives of the parties   Government:   Şükrü Alpaslan , Co-Agent , Bilal Çalışkan , Birol Aydın , Fırat Polat , Meltem Gülşen and Hasan Mutaf , Advisers .   Applicant:   Françoise Hampson ,   Aisling Reidy, Devinda Virdee, C ounsel and Kerim Yildiz , Adviser .     The European Commission of Human Rights will be represented by Jane Liddy .     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 San Marino [2]   Judge in respect of Liechtenstein