Press Release Nr: Individual Application 01/16
29.01.2016

PRESS RELEASE FOR DECISION ON INTERIM MEASURE REQUEST OF PERSONS WHO ARE ALLEGED TO BE IN INJURED STATUS IN A BUILDING AT CIZRE DISTRICT
(Click for full text of judgment)

The subject matter of the application is the allegations on violation of right to life, prohibition of torture and ill-treatment and freedom of personal liberty and security of the persons who are claimed to have been injured and not capable of accessing health services in Cizre district of Şırnak province.

In consideration of the individual application form and the information and documents obtained from the Governorship of Şırnak and the attorneys claimed to be counsels of the applicants and taking into account that persons who are stated to be applicants have been reluctant to contact directly with the public authorities, that they refer the public authorities to third persons and declaration of different addresses of their whereabouts on different dates, the Constitutional Court reached to a conclusion that there are serious suspicions as to these persons’ changing their locations constantly and avoiding direct contact with public authorities to ensure their access to health services.

There remains to be uncertainties on such issues as whether the said persons are injured or not, if injured, whether their injuries are serious, under which conditions they were injured, whether all the applicants are injured, whether they are armed or not and at which address they are located. Accordingly, the Court concluded that an interim measure cannot be issued at this stage. On the other hand, the Court emphasized that the obligation to protect individual’s right to life in a democratic society, regardless of his/her identity, calls for the public authorities to take necessary measures upon elimination of uncertainties and taking into account the right to life of health personnel and security forces.

For the reasons explained above, the Court UNANIMOUSLY decides,

A. to DISMISS the applicants’ request for an interim measure,

B. that the applicants shall be invited to contact directly with the public authorities,

C. that public authorities shall take necessary measures to ensure the applicants’ access to health services upon elimination of uncertainties taking into account the right to life of health personnel and security forces,

D. that the Governorship of Şırnak shall urgently provide information about any developments to the Constitutional Court,

E. that the applicants may request an interim measure from the Constitutional Court for future changes of the situation at any time,

F. that a copy of the decision be notified to Ministry of Interior and Governorship of Şırnak for execution of necessary action,

G. that the decision be notified to the applicants

Done on 29January 2016.

This press release prepared by the General Secretariat intends to inform the public and has no binding effect.

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