CEDH · CASELAW;CLIN;ENG — 23 septembre 1998

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. September 1998 Aytekin v. Turkey (préliminary objection) - 22880/93 Judgment 23.9.1998 Article 35 Article 35-1 Exhaustion of domestic remedies Allegation of unlawful killing of applicant’s husband by a soldier at a checkpoint and of authorities’ failure to conduct an effective investigation: inadmissible   [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions ). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] GOVERNMENT’S PRELIMINARY OBJECTION Government not estopped from raising objection before Court – although authorities had provided Commission at admissibility stage with few details on progress of domestic proceedings against soldier accused of killing her husband, they may nevertheless be reasonably considered to have pleaded substance of objection at that juncture – in addition, applicant never informed Commission at any stage of her active participation in criminal proceedings against accused soldier, including her decision to intervene in proceedings as civil party – this factor must weigh against acceptance of her plea. Reiteration of Court’s case-law on notion of effective remedy. Investigation led to trial of accused soldier on charge of intentional homicide committed in excess of duty – in fact, accused soldier standing trial in month following her application to the Commission – soldier later convicted by an ordinary court of unintentional homicide – applicant’s appeal against judgment pending – prosecutor has also appealed against lightness of sentence imposed on soldier – furthermore, in view of soldier’s conviction applicant must be considered to have reasonable prospects of successfully suing him or his superiors in a tort action – no explanation given as to why applicant did not lodge either a compensation claim against accused soldier when she declared herself a civil party to criminal proceedings or sue authorities in an administrative-law action for damages – in view of these circumstances, it cannot be maintained that authorities remained totally passive with respect to killing of applicant’s husband or that investigation so ineffective as to make recourse to domestic remedies meaningless. Having regard to combination of criminal, civil and administrative law remedies and in particular prospects which criminal-law proceedings offered for obtaining redress in respect of husband’s death, Court considers that applicant’s situation different from those of other applicants who have successfully contended in cases against same respondent State that they were dispensed from requirement to exhaust domestic remedies. Conclusion : preliminary objection allowed (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes