(Application no. 27866/03)
24 March 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Beker v. Turkey,
The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
Ireneu Cabral Barreto,
Işıl Karakaş, judges,
and Sally Dollé, Section Registrar,
Having deliberated in private on 3 March 2009,
Delivers the following judgment, which was adopted on that date:
THE CIRCUMSTANCES OF THE CASE
I. ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION
“1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. ...”
– Mr Beker shot himself in the left side of his head using his right hand and then pulled the trigger two more times; or,
– he missed the first time, shot himself in the left side of the head with the second bullet and then pulled the trigger again, on which occasion the pistol jammed.
Moreover, by closing the investigation when they did, the authorities deprived the applicants of the opportunity to find out and be convinced as to why, how and by whose hand their close relative had died.
II. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE CONVENTION
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Turkish liras at the rate applicable at the date of settlement:
(i) to the first applicant, Mrs Fadik Beker, EUR 16,500 (sixteen thousand five hundred euros) in respect of pecuniary damage and EUR 20,000 (twenty thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable;
(ii) to each of the other three applicants, EUR 5,000 (five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; and
(iii) to the four applicants jointly, EUR 2,000 (two thousand euros) in respect of costs and expenses, plus any tax that may be chargeable to them;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 24 March 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Sally Dollé Françoise Tulkens
1. Expert corporals and expert sergeants are men who opt to stay in the army following the completion of their national service and who thus become paid employees of the armed forces.