CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 juillet 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal }   Communicated on 10 July 2017   SECOND SECTION Application no. 5693/12 Hanım ARTUÇ and Others against Turkey lodged on 15 December 2011 SUBJECT MATTER OF THE CASE The application concerns the killing of the first six applicants’ close family member Hüseyin Artuç, and the injuries sustained by the seventh applicant Mehmet Cavit Ayas, as a result of the use of force by the military forces during the same operation, and the allegation of the lack of an effective investigation thereof. QUESTIONS tO THE PARTIES 1.     Has the right to life of Hüseyin Artuç and Mehmet Cavit Ayas, guaranteed by Article 2 of the Convention, been violated in the present case? In particular, did the death of Hüseyin Artuç and the injuries of Mehmet Cavit Ayas result from a use of force which was absolutely necessary and proportionate for the purposes of paragraph 2 of that Article? Also in this connection, were all steps taken to take the injured applicant to hospital within the shortest time possible?   2.     Has an effective investigation been carried out at the national level showing that the resort to the use of fatal force by the soldiers was absolutely necessary and that the force used was proportional to achieving one of the aims set out in paragraph 2 of Article 2 of the Convention (see Gülbahar Özer and Others v. Turkey , no. 44125/06, §49-76, 2 July 2013)?   The Government are requested to submit documentary evidence in support of their answers to the questions above.   The parties are requested to inform the Court of any developments after the adoption of the decision of the Court of Cassation dated 28 May 2014. APPENDIX   List of applicants         Hanım ARTUÇ born on 28/01/1967 is a Turkish national who was born in 1967, lives in Şırnak and represented by A.Bayram     Abdurrahman ARTUÇ born on 23/11/1959 is a Turkish national who was born in 1959, lives in Şırnak and represented by A.Bayram     Çiğdem ARTUÇ born on 18/01/1985 is a Turkish national who was born in 1985, lives in Şırnak and represented by A.Bayram     Hacı ARTUÇ born on 15/01/1993 is a Turkish national who was born in 1993, lives in Şırnak and represented by A.Bayram     Hezar ARTUÇ born on 18/01/1992 is a Turkish national who was born in 1992, lives in Şırnak and represented by A.Bayram     Berçin ARTUÇ KABUL born on 18/01/1990 is a Turkish national who was born in 1990, lives in Şırnak and represented by A.Bayram     Adalet UYSAL born on 18/01/1987 is a Turkish national who was born in 1987, lives in Şırnak and represented by A.Bayram     Mehmet Cavit AYAS born on 01/01/1970 is a Turkish national who was born in 1970, lives in Şırnak and represented by A.Bayram