The European Court of Human Rights (Second Section), sitting on 14 April 2009 as a Chamber composed of: Ireneu Cabral Barreto, President, Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, András Sajó, Nona Tsotsoria, Işıl Karakaş, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above application lodged on 27 June 2001, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Ms Sevim Güngör, is a Turkish national who was born in 1942 and lives in Ankara. The Turkish Government (“the Government”) were represented by their Agent. 2 SEVİM GÜNGÖR v. TURKEY DECISION A. The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. 1. The death of the...
SECOND SECTION DECISION AS TO THE ADMISSIBILITY OF Application no. 75173/01 by Sevim GÜNGÖR against Turkey The European Court of Human Rights (Second Section), sitting on 14 April 2009 as a Chamber composed of: Ireneu Cabral Barreto, President, Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, András Sajó, Nona Tsotsoria, Işıl Karakaş, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above application lodged on 27 June 2001, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Ms Sevim Güngör, is a Turkish national who was born in 1942 and lives in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
2 SEVİM GÜNGÖR v. TURKEY DECISION A. The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. 1. The death of the applicant’s mother In 1995 the applicant’s mother, Pakize Güngör, was diagnosed as suffering from aortic insufficiency and hypertension. On 31 December 1997 the applicant’s mother was admitted to the emergency ward of the gastroenterology department of İbni Sina Hospital at the Medical Faculty of Ankara University (“the hospital”). She was suffering from acute malnutrition and decubitus ulcers (bed sores) on her back. The applicant was pre-diagnosed as suffering from malnutrition and possible digitalis intoxication1. The gastroenterology department requested an immediate consultation with the cardiology department. On the same night, the applicant’s mother was examined by a doctor at the cardiology department, who noted, among other things, that she looked extremely weak and emaciated and that it was impossible to take a medical history. On 8 January 1998, upon Dr I.Ç.’s request, the applicant’s mother was examined by a doctor2 at the plastic-surgery department, who noted, among other things, that decubitus ulcers around her abdomen looked infected. A debridement3 was programmed for the next day. Between 10 and 14 January 1998 the applicant’s mother was administered a drug called Maksiporin4 twice a day, among other medicines, in order to disinfect her ulcers. On 15 January 1998, at around 10 p.m., the applicant’s mother was administered Tienam-500, a beta-lactamase antibiotic. On the same night, the applicant’s mother died. She was 80 years old. 2. The criminal and disciplinary proceedings On 15 January 1998 the applicant filed a complaint with the Ankara public prosecutor’s office against the nurse, Ms Z.Ç., who had administered the injection. On 16 January 1998 an autopsy was carried out on the applicant’s mother by the Ankara Forensic Medicine Institute upon the request of the Ankara public prosecutor. According to the autopsy report drawn up on 20 February 1 An adverse reaction to the use of digoxin, a drug used in the treatment of variou...