Sub-sub-series 47 - Şemsi Önen

c. 250pp

Domestic investigation files (in Turkish with English translation) pertaining to the case filed by Şemsi Önen against the Republic of Turkey with European Commission of Human Rights (application number 22876/93). Throughout the documents, the applicant's given name is variously given as 'Şemsi', 'Şemse', and 'Şemsa'.
On 16 March 1993, the applicant’s parents, Ibrahim and Mome, and her older brother Orhan were killed and the applicant injured in her foot, allegedly as a result of a planned action by members of the Balpınar village guards to kill the applicant’s brother Orhan. The full report is available for viewing at https://hudoc.echr.coe.int/eng?i=001-46212.
On 10 September 1999, the Commission concluded unanimously that there had been violations of Articles 2 and 13 of the European Convention on Human Rights and that there had been no violations of Articles 3, 8, and 14 of the Convention. On 7 March 2000, Kevin Boyle and Françoise Hampson stood down from the case in favour of Philip Leach of the Kurdish Human Rights Project. On 14 May 2002, the European Court of Human Rights ruled that there had been violations of Articles 2 and 13 of the European Convention on Human Rights and that there had been no violations of Article 14 of the Convention. The Turkish Government was ordered to pay €16,000 each to the applicant and her sister Mekiye and $13,000 to each of their surviving siblings in respect of non-pecuniary damage, and £15,000 sterling and £2,500 sterling to Kevin Boyle and Philip Leach, respectively, less the €1,470 and 274 already paid by the Council of Europe in legal aid. The full judgment in the case is available for viewing at https://hudoc.echr.coe.int/?i=001-60451.
NOTE: The casefile of documents appears to have been originally comprised of 3 binders. Only the records from the final 2 binders of the casefile were present in the materials donated to the archives.

• Turkish

• English