Item 26 - Case of İkincisoy v. Turkey (Application no. 26144/95), Judgment

36pp

Original published judgment in the Abdurrazak İkincisoy and Halil İkincisoy case (A44/43/1/36). On 27 July 2004, the European Court of Human Rights unanimously ruled: that there had been a violation of Article 2 of the European Convention on Human Rights regarding Mehmet Şah İkincisoy's death the failure to conduct an effective investigations into its circumstances; that there had been violations of Articles 5 § 3, 5 § 4, 5 § 5 with regards to Halil İkincisoy; that there had been a violation of Article 13, and that Turkey failed to comply with its obligations under former Article 25 § 1. The Court unanimously ruled: that there had not been violations of Article 5 §§ 1, 3, 4 and 5 of the Convention with regard to Abdurrazak İkincisoy; no violations of Article 5 §§ 1 with regard to Halil İkincisoy; and no violations of Article 3, 8, 9, and 14. The Turkish Government were ordered to pay Mehmet Şah İkincisoy’s heirs €25,000 in pecuniary damages, €3,500 to Abdurrazak İkincisoy in non-pecuniary damages, €7,500 to Halil İkincisoy in non-pecuniary damages, and €15,000 in legal costs and expenses. The full judgment, corrected on 15 March 2005 (see A44/43/3/1/27) is available for viewing at https://hudoc.echr.coe.int/?i=001-61940

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