Şeker v. Turkey
Effective Remedy | Duty to Investigate | Duty to Prosecute | Evidence
The Court found that there was insufficient evidentiary basis on which to conclude that the victim was abducted and subsequently killed by State agents. Although there was no proof that the victim had been killed, the Court reaffirmed that the more time passes without any news of the disappeared, the greater the likelihood that the victim died, and recalled how procedural obligations are not confined to cases which concern intentional killings resulting from the use of force by agents of the State, but also apply to cases where a person has disappeared in circumstances which may be regarded as life-threatening. It also found that, although the inadequacy of the investigation into the disappearance of his son may have caused the victim's father anguish and mental suffering, there was nothing in the authorities’ replies to his enquiries that could be described as inhuman or degrading treatment.
May 21, 2006
Article 2 (procedural) [ECHR], Article 13 [ECHR]
Articles not violated / not dealt with
Article 2 (substantive) [ECHR], Article 3 [ECHR], Article 5 [ECHR], Article 6 [ECHR], Article 8 [ECHR], Article 14 [ECHR], Article 38 [ECHR]
Facts of the Case
Mr. Mehmet Şah Şeker disappeared in October 1999 on his way home from work. A few days later, two people claimed that they had seen a group of people forcing someone into a car on the day of his disappearance. In the following weeks, Mr. Şeker's father filed numerous petitions with a number of authorities, asking them to carry out an investigation into the disappearance and to inform him of his whereabouts. An investigation was opened and still ongoing in 2006. In February 2000, some bodies were found in the houses of Hizbullah members, and Mr. Şeker's father was asked to provide the authorities with a blood sample in order to compare his DNA with that of the corpses. In October 2004, he was informed that a DNA analysis could not be carried out as there was insufficient DNA in the corpses. In March 2002, Mr. Şeker's father was informed that a search warrant had been issued for his son as he was suspected of involvement in Hizbullah activities. In March 2005, a copy of the university identity card of Mr. Şeker was allegedly seen in the file of a case brought against the leaders of the Hizbullah.