The right to life is the most fundamental of all human rights, serving as the prerequisite for the enjoyment of all other liberties. Under the European Convention on Human Rights (ECHR), Article 2 mandates that states must not only refrain from the intentional and unlawful taking of life but also take active steps to safeguard the lives of those within their jurisdiction. In the Turkish legal context, the issue of “unsolved cases” (faili meçhul) has long been a focal point of legal scrutiny, especially concerning the procedural obligations of the state. When a death occurs under suspicious circumstances or as a result of violence, the right to life imposes a positive obligation on the state to conduct an effective investigation.
1. The Procedural Aspect of the Right to Life (Article 2)
According to the jurisprudence of the European Court of Human Rights (ECHR), the right to life is not merely a negative prohibition against state-sponsored killing. It also contains a crucial “procedural limb.” This means that when a person is killed, the state has a legal duty to provide an official, effective, and independent investigation.
For an investigation to be considered compatible with the right to life, it must meet several criteria established by the Court:
- Independence: Those conducting the investigation must be hierarchically and institutionally independent from those implicated in the events.
- Adequacy: The authorities must take all reasonable steps to secure evidence, including forensic findings and witness testimonies.
- Promptness: Investigations into violations of the right to life must be carried out with reasonable expedition to maintain public confidence.
- Public Scrutiny: There must be a sufficient element of public scrutiny, and the next-of-kin must be involved in the process to protect their interests.
2. Unsolved Cases in Turkey and State Liability
Turkey has a complex history regarding unsolved cases, particularly those dating back to the 1990s. In many instances, the ECHR has found Turkey in violation of the right to life because the domestic authorities failed to identify the perpetrators or ignored potential leads involving state actors. An unsolved case becomes a human rights violation the moment the state fails to exhaust all legal means to find the truth.
The Court often emphasizes that the “effective investigation” requirement is an obligation of means, not of results. However, if the state’s failure to identify a suspect is due to negligence, destruction of evidence, or a lack of political will, it constitutes a direct breach of the procedural right to life.
3. The Barrier of Impunity and Statute of Limitations
One of the most significant legal hurdles in protecting the right to life in Turkey is the “statute of limitations” (zamanaşımı). Under the Turkish Penal Code, most murder cases are subject to a time limit (typically 20 to 30 years). If a suspect is not found or a trial is not concluded within this period, the case is legally closed.
The ECHR, however, maintains a strict stance on this: when a violation of the right to life involves torture or gross human rights abuses by state agents, the statute of limitations should not lead to impunity. Applying time limits to unsolved cases that involve systemic failures of the state is often viewed by the Court as a failure to uphold the protective spirit of Article 2. To ensure the right to life, legal systems must treat these cases with a degree of flexibility that prioritizes justice over procedural deadlines.
4. The Impact of ECHR Judgments on Turkish Law
The judgments of the ECHR have played a transformative role in the Turkish judiciary. Decisions such as Kılıç v. Turkey or Mahmut Kaya v. Turkey have set a precedent for how the right to life should be interpreted in the context of state negligence. These rulings have forced a shift in domestic policy, encouraging the reopening of “cold cases” and the implementation of more rigorous forensic standards.
Despite these advancements, the challenge of “effective investigation” remains. The right to life is violated every time a file is closed due to a lack of effort. True justice requires not only the identification of the person who pulled the trigger but also the exposure of the command structure or systemic failures that allowed the crime to remain “unsolved” for decades.
Conclusion: Safeguarding the Right to Life
In conclusion, the protection of the right to life is the ultimate test of a rule-of-law state. Unsolved cases are not just legal failures; they are open wounds in the collective consciousness of a society. According to the ECHR, the state’s responsibility does not end with a “failure to find the culprit” report. The state must demonstrate that it has done everything in its power to deliver justice. As long as unsolved cases exist without effective scrutiny, the right to life remains under threat. Turkey’s path to a fully consolidated democracy depends on its ability to confront these shadows and ensure that no death is left in the dark.
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