Kaya v. Turkey
European Court of Human Rights
Application No. 22729/93, ECHR 10 (1998)
- Written by Whitney Punzone, JD
Facts
Mehmet Kaya (plaintiff), a Turkish citizen, lived in the Dolunay village in southeastern Turkey. On March 25, 1993, Kaya’s brother, Abdulmenaf Kaya, was killed in the vicinity of the Dolunay village by security forces. Kaya alleged that his brother was deliberately killed by the security forces, whereas the Turkish government (defendant) claimed that Kaya’s brother was an assailant killed in a gun battle between the security forces and a group of terrorists. Kaya filed an application against the government with the Commission of Human Rights (the commission). Both parties used documentary evidence to defend their version of events, including Kaya using statements from Hikmet Aksoy, who claimed to be in the company of Kaya’s brother on the day he was killed. In November 1995, delegates were appointed by the commission to take witness testimony. Kaya and Aksoy declined to appear for reasons of personal safety, and no villagers who were eyewitnesses to the killing were secured as witnesses. Based on all the evidence presented before the commission, the commission could not clarify the exact sequences of events that led to the killing of Kaya’s brother.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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