The European Court of Human Rights (Second Section), sitting on 27 August 2013 as a Chamber composed of: Guido Raimondi, President, Danutė Jočienė, Peer Lorenzen, Dragoljub Popović, Işıl Karakaş, Nebojša Vučinić, Paulo Pinto de Albuquerque, judges, and Stanley Naismith, Section Registrar, Having regard to the above application lodged on 21 May 2007, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applicants, Mr Hüseyin İlhan, Mr Hasan İlhan, Mrs Fatma İlhan, Mr Mustafa İlhan, Mrs Fatma İlhan, Mr Mehmet Ali İlhan and Mr Memduh İlhan, are Turkish nationals who were born in 1978, 1988, 1949, 1950, 1949, 1968 and 1919 respectively and live in Ağrı. They were represented before the Court by Mr Abdullah Koç, a lawyer practising in Ankara. 2. The...
SECOND SECTION DECISION Application no. 23856/07 Hüseyin İLHAN and others against Turkey The European Court of Human Rights (Second Section), sitting on 27 August 2013 as a Chamber composed of: Guido Raimondi, President, Danutė Jočienė, Peer Lorenzen, Dragoljub Popović, Işıl Karakaş, Nebojša Vučinić, Paulo Pinto de Albuquerque, judges, and Stanley Naismith, Section Registrar, Having regard to the above application lodged on 21 May 2007, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applicants, Mr Hüseyin İlhan, Mr Hasan İlhan, Mrs Fatma İlhan, Mr Mustafa İlhan, Mrs Fatma İlhan, Mr Mehmet Ali İlhan and Mr Memduh İlhan, are Turkish nationals who were born in 1978, 1988, 1949, 1950, 1949, 1968 and 1919 respectively and live in Ağrı. They were represented before the Court by Mr Abdullah Koç, a lawyer practising in Ankara. 2. The Turkish Government (“the Government”) were represented by their Agent. 3. According to the official records submitted to the Court by the applicants, the first and second applicants, Mr Hüseyin İlhan and Mr Hasan İlhan, are the sons and the third applicant, Mrs Fatma İlhan, is the wife of
2 İLHAN AND OTHERS v. TURKEY DECISION Mr Mehmet İlhan. The fourth applicant, Mr Mustafa İlhan, is the brother of Mr Mehmet İlhan and father of Mr Faruk İlhan. The fifth applicant, Mrs Fatma İlhan, is the mother and the sixth applicant, Mr Mehmet Ali İlhan, is the brother of Mr Faruk İlhan. The seventh applicant, Mr Memduh İlhan, is the father of Mr Mehmet İlhan and grandfather of Mr Faruk İlhan. Mehmet İlhan and Faruk İlhan were killed on 7 April 2004. 4. On 1 March 2012 the applicants’ legal representative informed the Court of the death of the seventh applicant, Mr Memduh İlhan, on 25 April 2009, and asked the Court to allow Mr Memduh İlhan’s four other children, namely Ms Hazal İlhan, Ms Fatma İlhan, Ms Perişan Tanrıverdi (İlhan) and Ms Sultan Kahraman (İlhan), who are also the sisters of Mr Mehmet İlhan, to continue the application on their father’s behalf. The circumstances of the case 1. The facts of the case, as submitted by the applicants in their application form, and as they appear from the documents submitted by them, may be summarised as follows. 5. On the evening of 7 April 2004, Mehmet İlhan and Faruk İlhan were sitting in the pharmacy owned by the former in the town of Doğubayazıt, which is located within the administrative jurisdiction of the province of Ağrı. Mehmet İlhan’s son, Hüseyin İlhan, who is the first applicant, was also in the pharmacy together with Mr Erkan Eşiyok, who was an employee at the pharmacy. 6. At around 9.30 p.m. a person walked in and opened fire with an automatic machine gun. Mehmet İlhan and Faruk İlhan were shot and killed. The remaining persons in the pharmacy were not injured. 7. Police officers arrived at the scene wi...