Varnava and Others v. Turkey, Nos. 16064/90 and other 8, ECtHR (Grand Chamber), 18 September 2009

Procrastinated and ineffective investigations related to disappeared soldiers. Arbitrary detention of militaries belonging to Greek-Cypriot forces. Right to life and procedural guarantees. Inhuman and degrading treatments suffered by the families of the victims.

Art. 2 ECHR
Art. 3 ECHR 
Art. 5 ECHR 

1. The procedural obligation to conduct an investigation arises from Art. 2 ECHR: its rationale is the effective implementation of laws protecting the right to life and the identification of those responsible for the deaths (In this case, there has been a violation of Art. 2 ECHR) 
 
2. There is a violation of Art. 3 ECHR when the authorities do not comply with the victim, family and heirs’ request to access information relating to massive violations of human rights. 

3. The prolonged state of suffering experienced by  the victims’ families, waiting for information on the fate of their loved ones, falls within the scope of Art. 3 ECHR. (In this case, there has been a violation of Art. 3 ECHR)

4. The inability of the Turkish authorities to conduct an effective investigation into the fate of missing men constitutes a continuing violation of Art. 5 ECHR (right to liberty and security).

5. Even where there may be obstacles which prevent progress in an investigation in a particular situation, a prompt response by the authorities is vital in maintaining public confidence in their adherence to the rule of law and in preventing any appearance of collusion in or tolerance of unlawful acts.
(The case concerns the appeal filed by the family members of some soldiers who disappeared in 1974, after being arrested by Turkish soldiers. They belonged to the Greek-Cypriot forces that, at the time, were fighting against the Turkish troops)