A/HRC/16/21
E.
Right to life
32.
On 27 January 2010, the Court delivered final judgements in two cases concerning
unjustified killings by State agents in the context of the 1996 Greek-Cypriot demonstrations
and the lack of an effective investigation into those killings (violation of article 2 of the
ECHR) - Andreou v. Turkey and Kallis and Androulla Panayi v. Turkey54. Because of their
similarities, both are being considered by the CoE CMD in the same group as the cases of
Solomou and others v. Turkey (2008) and Isaak v. Turkey (2008). Regarding the latter,
information is awaited on the regulatory framework governing the use of force and firearms
by the police and on the measures taken to ensure that effective investigations are carried
out into the killings of civilians in the northern part of Cyprus55. As regards the lack of
effective investigation into killings, the Ministers’ Deputies took note at their September
2010 meeting that information is awaited as to whether investigations into the killings have
been opened, and if so as to their results, as well as an action plan/action report in respect of
all cases in the group56.
33.
As regards the case of Kakoulli v. Turkey (2006)57, CoE CMD at its 1078th meeting
recalled that the Cypriot authorities had indicated that it would be possible to carry out a
further forensic examination of Mr. Kakoulli’s body. The Committee considered that the
competent Turkish authorities should reassess the possibility of carrying out a new
investigation into the death of Mr. Kakoulli and invited them to submit information in this
respect 58 . On 26 March 2010 the Turkish authorities provided the desired information,
which is being assessed by the CoE CMD. Regarding the excessive use of force and
firearms, the Deputies noted that it had not been clear from the information provided that
the regulatory framework governing the use of firearms by the security forces requires that
the use of force must be “absolutely necessary” and invited the Turkish authorities to
provide clarifications in this respect. Bilateral contacts are under way concerning the
questions identified by the Committee59.
34.
CoE CMD at its March 2010 meeting decided to close the examination of the Adali
v. Turkey case (2005)60, after having satisfied itself that, within the time limit set, Turkey
had paid the applicant the just satisfaction provided in the judgement61.
54
55
56
57
58
59
60
61
10
The case of Andreou v. Turkey (45653/99) concerns an unjustified killing in the area of the UN buffer
zone and Panayi v. Turkey (45388/99) in the area of entry into the UN buffer zone.
Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1078th meeting, 2-4
March 2010, on Kakoulli v. Turkey, Isaak v. Turkey and Solomou and others v. Turkey.
The Deputies decided to resume consideration of these items at the latest at their March 2011
meeting. Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1092nd
meeting, 14-15 September 2010, on six cases mainly concerning the excessive use of force by State
agents.
The Kakoulli v. Turkey case (38595/97) concerns the killing of the applicants’ husband and father, in
1996, by Turkish soldiers on guard duty along the ceasefire line in Cyprus and the lack of an effective
and impartial investigation into this killing in violation of article 2 of the ECHR.
Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1078th meeting, 2-4
March 2010, on Kakoulli v. Turkey, Isaak v. Turkey and Solomou and others v. Turkey.
The Deputies decided to resume consideration of this item at their 1100th meeting (December 2010).
Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1092nd meeting, 14-15
September 2010, on Kakoulli v. Turkey.
The Adali v. Turkey case (38187/97) concerns the lack of an effective investigation into the death of
the applicant’s husband (violation of articles 2 and 13), and a refusal by authorities to grant the
applicant permission to cross from the northern to the southern part of Cyprus to attend a bicommunal meeting (violation of article 11).
Resolution CM/ResDH(2010)12 in the case of Adali v. Turkey adopted by the Committee of Ministers
on 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.
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