The European Court of Human Rights (Second Section), sitting on 24 March 2015 as a Committee composed of: Nebojša Vučinić, President, Paul Lemmens, Egidijus Kūris, judges, and Abel Campos, Deputy Section Registrar, Having regard to the above application lodged on 1 June 2011, Having deliberated, decides as follows: THE FACTS 1. The applicants, Mr Hüseyin Ateş and Ms Aynur Ateş, are Turkish nationals, who were born in 1960 and 1966 respectively and live in Antalya. They were represented before the Court by Mr Ağaoğlu, a lawyer practising in Alanya. 2. The facts of the case, as submitted by the applicants, may be summarised as follows. 3. On 23 May 2002, the applicants’ son Alican Ateş, who was 14 years old at the time of the event, died as a result of a car accident that happened in the village of Alanya (province of Antalya). A bus entered into a road which was closed to...
SECOND SECTION DECISION Application no. 38332/11 Hüseyin and Aynur ATEŞ against Turkey The European Court of Human Rights (Second Section), sitting on 24 March 2015 as a Committee composed of: Nebojša Vučinić, President, Paul Lemmens, Egidijus Kūris, judges, and Abel Campos, Deputy Section Registrar, Having regard to the above application lodged on 1 June 2011, Having deliberated, decides as follows: THE FACTS 1. The applicants, Mr Hüseyin Ateş and Ms Aynur Ateş, are Turkish nationals, who were born in 1960 and 1966 respectively and live in Antalya. They were represented before the Court by Mr Ağaoğlu, a lawyer practising in Alanya. 2. The facts of the case, as submitted by the applicants, may be summarised as follows. 3. On 23 May 2002, the applicants’ son Alican Ateş, who was 14 years old at the time of the event, died as a result of a car accident that happened in the village of Alanya (province of Antalya). A bus entered into a road which was closed to traffic for construction work and hit the child who was walking on the pavement. 4. The bus driver and the site manager of the road construction work were subjected to criminal proceedings. According to the expert report, the bus driver’s responsibility for the accident was assessed as being 6/8 as he intentionally entered a closed road and he did not reduce his speed. The site manager’s responsibility for the accident was determined as being 1/8 for not having taken the necessary security measures.
2 ATEŞ v. TURKEY DECISION 5. On 11 November 2003, the Alanya 2nd Criminal Court of General Jurisdiction convicted and sentenced the bus driver to 18 months’ imprisonment and to a judicial pecuniary fine and the site manager to 3 months’ imprisonment and a judicial pecuniary fine which was then reduced to a pecuniary fine only. 6. On 8 June 2006, the Court of Cassation quashed the judgment of the first instance court stating that the sentences given to the accused persons should be recalculated in consideration of the new criminal code which entered into force on 1 June 2005, and due to the fact that the first instance court did not duly take the oath of the doctor who submitted the autopsy report. 7. On 29 September 2006, the Alanya 1st Criminal Court of General Jurisdiction corrected the shortcomings indicated by the Court of Cassation and once more convicted and sentenced the bus driver to 18 months’ imprisonment and to a judicial pecuniary fine and the site manager to 3 months’ imprisonment and a judicial pecuniary fine which was then reduced to a pecuniary fine only. 8. On 25 October 2007, the Court of Cassation quashed the judgment of the first instance court stating that the first instance court did not indicate on the judgment’s heading the place and date of the crime, this failure being contrary to Article 232 of the Code of Criminal Procedure and also due to the fact that the accused was not given the opportunity to give his statements following the...