Gulec v Turkey: ECHR 1995

A 15-year old boy was killed during the course of incidents in a Turkish city which involved demonstrations, shop closures and attacks on public buildings. The government maintained that he had been hit by a bullet fired by armed demonstrators at the local gendarmerie. An official investigation was quite soon discontinued.
Held: The force used to disperse the demonstrators was not ‘absolutely necessary’ (so that there was a violation of a substantive Article 2 right), and also that the ensuing investigation fell short of Turkey’s procedural obligations, because it was not thorough; it was not conducted by independent authorities; it was not conducted with the participation of the complainants; the evidence of the gendarmes was accepted at its face value; and the ballistics tests which the situation required were not carried out.


(1995) 28 EHRR 121


European Convention on Human Rights 2


Human Rights

Cited by:

CitedRegina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 25 April 2022; Ref: scu.238303