or her family promptly. The unexplained disappearance of a family member, even
for a short period, may cause deep anxiety.”399 In that case, a period of seven days
of incommunicado detention was found to breach Article 8.
2.3.6 Relatives of victims of human rights violations
2
The European Regional System
The Court has expanded the beneficiaries of the State obligation to conduct
an effective investigation to include relatives of victims of enforced disappearances. In Kurt v Turkey,400 an application was made on behalf of a disappeared
person and his mother. In respect of the disappeared man, the Court held that
“the authorities have failed to offer any credible and substantiated explanation
for the whereabouts and fate of the applicant’s son… They have failed to discharge
their responsibility to account for him. Accordingly the Court… finds that there
has been a particularly grave violation.”401 In respect of his mother, the Court
noted that she had been “left with the anguish of knowing that her son had been
detained and there is a complete absence of official information as to his subsequent fate. This anguish has endured over a prolonged period of time.”402 Her
suffering was considered sufficiently severe for the Court to find a separate
violation of Article 3.
Following this decision, the Court has avoided opening the floodgate to claims
from relatives, by imposing a number of conditions. In İpek v Turkey,403 the
applicant alleged the unacknowledged detention and subsequent disappearance of his two sons during an operation conducted by armed forces in his
village. The Court held that “the question whether a family member of a ‘disappeared person’ is a victim of treatment contrary to Article 3 will depend on the
existence of special factors which gives the suffering of the applicant a dimension and character distinct from the emotional distress which may be regarded as
inevitably caused to relatives of a victim of a serious human-rights violation.”404
Sarı and Çolak v Turkey, nos. 42596/98 and 42603/98, judgement of 4 April 2006, §36.
Kurt v Turkey (1998), op. cit. See also Çakıcı v Turkey (1999), op. cit.
401
Kurt v Turkey (1998), op. cit., §128-9.
402
Ibid. In support of this finding, the European Court cited the UN Declaration on the Protection of All Persons from Enforced Disappearance, the HRC case Quinteros v Uruguay (1983),
op. cit., the Inter-American Convention on Forced Disappearance of Persons, and case law of
the Inter-American Court.
403
İpek v Turkey, no. 25760/94, ECHR 2004-II, judgement of 17 February 2004.
404
Ibid. §181. In this case, the applicant, like the mother in Kurt v Turkey (1998), op. cit., was
present when the security forces took his sons, and he, not the State, had borne the weight of
the investigation. Furthermore, his investigations were characterised by a systematic refusal
to cooperate on the part of the Turkish authorities. The Court found that the father himself
was the victim of a violation of Article 3 due to the anxiety he suffered as a result of not being
able to ascertain the whereabouts of his sons.
399
400
83
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