Mustafa Tunç and Fecire Tunç v. Turkey (application no. 24014/05) (AİHS md. 2)

Avrupa İnsan Hakları Mahkemesi’ne göre, “Askeri mahkemenin askerlik hizmeti esnasında ölüm olayı ile ilgili soruşturması, yeterince bağımsız ve kapsamlıdır.”

Mustafa Tunç and Fecire Tunç v. Turkey kararındaki önemli bir tespit, AİHS md. 2 anlamındaki soruşturmanın bağımsızlığı, AİHS md. 6 anlamında mahkemenin bağımsızlığı ile aynı biçimde değerlendirilmeyebilir olmuştur.

Mustafa Tunç and Fecire Tunç v. Turkey kararı, “http://hudoc.echr.coe.int/” adresinden erişilebilirdir.

Mustafa Tunç and Fecire Tunç v. Turkey kararının basın duyurusu, “http://hudoc.echr.coe.int/webservices/content/pdf/003-5061347-6226766” adresinden erişilebilirdir.

Bu basın duyurusunun özeti, İngilizce haliyle, aşağıdaki gibidir:

Investigation by a military court into the circumstances of a death during military service was sufficiently independent and thorough

In today’s Grand Chamber judgment in the case of Mustafa Tunç and Fecire Tunç v. Turkey (application no. 24014/05) the European Court of Human Rights held, by a majority, that there had been:

no violation of Article 2 (right to life) of the European Convention on Human Rights.

The case concerned the death of a young man, Cihan Tunç, during his military service, while assigned to a site belonging to a private oil company for which the national gendarmerie was providing security services.

The Court considered that the investigation conducted in this case had been sufficiently thorough and independent and that the applicants, Cihan Tunç’s parents, were involved in it to a degree sufficient to protect their interests and to enable them to exercise their rights. It pointed out that the independence of an investigation for the purposes of Article 2 is not necessarily to be assessed in the same manner as the independence of a tribunal within the meaning of Article 6 (right to a fair trial) of the Convention. It also emphasised that Cihan Tunç’s death had not occurred in circumstances which might, a priori, give rise to suspicions against the security forces as an institution, as for instance in the case of deaths arising from clashes involving the use of force in demonstrations, police and military operations or in cases of violent deaths during police custody.