Mansur PAD and Others Vs.Turkey

COMPLAINTS
39. The applicants alleged a violation of Articles 2, 3, 5, 13, 14, 18 and 34 of the Convention.
40. The applicants contended under Article 2 of the Convention that their relatives had been unlawfully and intentionally killed by agents of the State and that the authorities had failed to conduct an adequate and effective investigation into their deaths. They further maintained that domestic law did not provide adequate and effective protection of the right to life.
41. The applicants submitted under Article 3 of the Convention that their relatives had been subjected to torture at the hands of the soldiers and that the Turkish authorities had failed to conduct an adequate and effective investigation. They alleged a further violation of Article 3 on account of the anguish and distress they had suffered as a result of the authorities’ complacency in relation to the deaths of their relatives. The applicant Said Pourmola Borazan alleged a violation of his rights under Article 3 as a result of having witnessed the torture and murder of his friends.
42. The applicants submitted under Article 5 of the Convention that the detention of their relatives had been unlawful. They maintained that none of the guarantees listed under Article 5 §§ 2, 3, 4 and 5 had been observed.
43. The applicants also alleged a violation of Article 6 of the Convention on account of their lack of access to a court for the determination of their civil rights.
44. The applicants contended under Article 13 of the Convention that there was no independent authority before which the aforementioned complaints could be brought with any prospect of success.
45. The applicants complained under Article 14 of the Convention of an administrative practice of discrimination against persons of Kurdish origin.
46. They maintained under Article 18 of the Convention that the restrictions to the aforementioned rights and freedoms had been applied for purposes not permitted under the Convention.
47. Finally, the applicants submitted that the Government’s attempts to offer compensation through the Iranian authorities and the coordinated duress and pressure exerted on them had hindered the effective exercise of their right to individual petition under Article 34 of the Convention.

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Tags: 13, 14, 18 and 34 of the Convention, 3, 5, Articles 2, commit unintentional homicide, deprive an individual unlawfully of his or her lib, individual to torture or ill-treatment, intentional homicide