
The Court unanimously found a double violation of the right to life (Article 2 ECHR). One might wonder why the right to life is applicable here, as the applicant did not die in the shooting. The Court here followed a line of case law going back to the Greek case of Makaratzis (2004) in holding that situations could fall within the scope of Article 2 if the force used was potentially lethal, with refernece to the criteria formulated in that Greek case. In the current Turkish case the Court held that irrespective of the policeman's intent, the kind of force used and the severity of the wound placed the case within the scope of the right to life. On the substantive side, the Court concluded that the great freedom of action of the policemen was not limited by any proper training or rules and regulations on the use of force in times of peace. Apart from this material violation, the Court also found a procedural violation of the right to life on account of the deferral of a verdict in the criminal case against the policeman, resulting in de facto impunity. The applicant was awarded 16,000 euros for non-pecuniary damages.
Just like in Makaratzis, this judgment shows the essential importance of clear guidelines on the use of force. To formulate and implement such regulations is part and parcel of a state's obligations under the ECHR's right to life.
The judgment itself is in French, but a press release in English can be found here.