AYM's Decision in Pamukova Train Accident Where 37 People Lost Their Lives

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.

'RIGHT TO LIFE VIOLATION'

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

“The applicants alleged that the right to life was violated because the criminal proceedings on the incident in which many people were killed and injured as a result of the derailment of the passenger train, were not conducted with a reasonable speed. The state's positive obligations under the right to life have a procedural aspect. Within the scope of the procedural aspect regarding the obligation of effective investigation of the right to life, the state has to carry out an effective official investigation with reasonable care and speed that can ensure that those responsible for every unnatural death incident are determined and if necessary punished. In cases where the public authorities do not take the necessary and sufficient measures to eliminate the risks caused by a dangerous activity - even if the persons concerned have resorted to other legal remedies - a criminal investigation should be carried out against those who cause the lives of people in danger. Due to the nature of the railway transportation activity, it involves some risks in terms of the life and body integrity of the people. Due to this dangerous situation, public authorities should take the necessary security measures in the operation of railways; In order to prevent unwanted death and injury during the navigation of trains or at stations and similar establishments, it should do what is necessary within reasonable limits. The incident subject to application occurred in 2004 and the investigation into this incident was completed in less than two months. The Criminal Court gave its first decision in 2008. However, since the decision was not notified to some persons who have the right to appeal, the appeal process for the first reversal decision was concluded in approximately 2 years and 6 months, and the appeal process regarding the second reversal decision in approximately 2 years. The last decision was taken by the Criminal Court on 24/11/2014 and the trial has not been concluded yet. Although it is understandable that it takes a long time to determine the statements of the relatives of the dead and the wounded due to the excess of those killed and injured in the incident, nothing in the investigation justifies the lengthening of the trial and its inconclusion. For this reason, it cannot be said that the investigation into the death of the applicant's relatives was carried out in a reasonable time. For the reasons explained, the Constitutional Court decided that the procedural aspect of the right to life guaranteed in Article 17 of the Constitution was violated and that compensation should be paid to the applicants. "

Source : haber.sol.org.t is

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