37 Decided by AYM in Pamukova Train Crash, where one lost his life

37 lost his life in a train-accident
37 lost his life in a train-accident

In the 2004, the train that carried out the Haydarpaşa-Ankara flight was killed in the vicinity of Pamukova district and the 37 was killed and the 90 was wounded. The Constitutional Court ordered TCDD to pay compensation to the applicants.

In 2004, 37 people were killed and 90 was injured in the accident that took place from Haydarpaşa and went to Ankara by derailment near Pamukova district.

As a result of the application to the Constitutional Court (the Constitutional Court) by the relatives of the persons who lost their lives, the high court ordered the TCDD to pay compensation to the applicants. The Constitutional Court ruled that the applicants had been awarded 30 thousand TL in compensation, rejecting other claims and violating the procedural aspect of their right to life.


The statement made by AYM on its official website is as follows:

Üştür The applicants alleged that the right to life had been violated because of the failure to carry out the criminal proceedings on the incident in which a number of persons were killed and injured as a result of the derailment of the passenger train. The State has a procedural aspect of its positive obligations under the right to life. Under the procedural dimension of the right to an effective investigation of the right to life, the State is obliged to carry out an effective investigation, with reasonable diligence and speed, to ensure that those responsible for every non-natural death are identified and punished if necessary. In cases where public authorities do not take necessary and adequate measures to eliminate the risks arising from a hazardous activity - a criminal investigation must be carried out on the grounds that the lives of persons are endangered, even if they have applied to other remedies. Rail transport activities, in terms of the nature of people's life and the integrity of the body contains a number of risks. Due to this dangerous situation, the public authorities should take the necessary safety measures for the operation of the railways; In order to prevent undesirable deaths and injuries in the navigation of trains or in gar and similar establishments, they should do what is necessary within the framework of reasonable measurements. The subject matter of the application occurred in 2004 and the investigation was completed in less than two months. The Criminal Court gave its first decision in 2008. However, since the decision was not communicated to some persons who had the right to apply for the remedies, the appeals process for the first decision to annul the judgment was about 2 for the year 6 and the appeals process for the second annulment decision was concluded in the 2 year. The Criminal Court decided on the date of 24 / 11 / 2014 and the trial has not yet been finalized. Although it is understandable that the death of the relatives of the deceased and the ones who were injured due to the high number of the wounded in the incident took a long time, no matter in the investigation does not justify the prolongation of the proceedings and the fact that it cannot be finalized yet. Therefore, it cannot be said that the investigation into the death of the applicants' relatives had been carried out with reasonable duration. The Constitutional Court explained the grounds of the Constitution on the 17. and that the procedural aspect of the right to life guaranteed under Article 4 was violated and that the applicants were awarded compensation. mad

Source : haber.sol.org.t is


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