Insufficient investigation of murder of a police officer during a terrorist prevention operation
JUDGMENT
Mihdi Perinçek v. Turkey 29.05.2018 (no. 54915/09)
SUMMARY
Murder of the applicant’s son from a police officer during a police operation to prevent a terrorist attack. Violation of Article 2 (right to life) because the act was illegal and there was no effective investigation of the incident.
PROVISION
Article 2
PRINCIPAL FACTS
The applicant, Mihdi Perinçek, is a Turkish national who was born in 1957 and lives in Diyarbakır (Turkey).
The case concerned the killing of Mr Perinçek’s son by the police and his allegation that the domestic authorities had failed to carry out a proper investigation into his death.
Mr Perinçek’s son, Şiyar, was shot by a police officer on 28 May 2004 during an operation which the police said was aimed at preventing a terrorist attack by the PKK. The son died later in hospital. The trial court acquitted the police chief in March 2007, finding that he had acted in self-defence.
Mr Perinçek, who acted as an intervener in the trial, appealed against the acquittal and argued that the police’s version was false. He alleged that the police officer had shot his son at close range and that his son had been unarmed. He pointed to many alleged irregularities in the investigation. His appeal was dismissed in March 2009.
Relying in particular on Article 2 (right to life), Mr Perinçek complained that the police had killed his son unlawfully and that no effective investigation into the incident had been carried out.
THE DECISION OF THE COURT
Violation of Article 2 (right to life and investigation)
Just satisfaction: EUR 50,000 (non-pecuniary damage)(echrcaselaw.com editing).
