(Grand Chamber0 Turkey had failed to investigate the disappearance of individuals in Northern Cyprus in 1974. Turkey had ratified the Convention in 1954, but had only recognised the right of petition in 1987.
Held: (Grand Chamber) ‘the court is not competent to examine any complaints by these applicants against Turkey so far as the alleged violations are based on facts having occurred before . . January 1987’.
Held: The claims nonetheless succeeded, as the court held that, unlike killings, disappearances carried with them an ongoing obligation to investigate.
Citations:
[2009] ECHR 1313
Links:
Jurisdiction:
Human Rights
Citing:
See Also – Varnava And Others v Turkey ECHR 10-Jan-2008
Where an individual had disappeared in circumstances raising a suspicion that he may have been killed, article 2 imposes a continuing duty to investigate the death. In this case the duty was said to have persisted for 34 years since the . .
Cited by:
Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 30 March 2022; Ref: scu.594617
