Item 37 - Case of Oğur v. Turkey (Application no. 21594/93), Judgment

24pp

Printout of the judgment in the Sariye Oğur case. On 24 December 1990, Turkish security forces carried out an armed operation at a site belonging to a mining company some six kilometres from the village of Dağkonak. The applicant’s son, Musa Oğur, who worked at the mine as a night-watchman, was killed at about 6.30 a.m. as he was about to come off duty. According to the Government, the scene of the incident had been used as a shelter by four terrorists who were members of the PKK (Kurdistan Workers’ Party), including the applicant’s son. Musa Oğur had been hit by bullets from warning shots fired by the security forces. According to the applicant, her son had merely been one of the guards at the mining company’s site and he had been shot dead by the security forces without warning. On 20 May 1999, the Court ruled 16 votes to 1 that there had been a violation of Article 2 of the European Convention on Human Rights as regards the planning and execution of the operation that led to the death of the applicant’s son, and ruled unanimously that there had been a violation of Article 2 of the Convention as regards the investigations carried out by the national authorities. The Government was ordered to pay Mrs Oğur 100,000 French francs in non-pecuniary damages and 30,000 French francs in legal costs and expenses (less 18,830 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58251

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