CASE OF ŞENTÜRK v. TURKEY

Substantive violation of Article 2 of the Convention on account of the death of the applicants wife. In the instant case, the applicants do not allege that Mrs Şentürk’s death was intentional. They submit, however, that the events for which the medical staff in question were criticised ought not to be classified as mere negligence, but ought to be considered as amounting to homicide. Under the substantive limb of Article 2, they thus allege that the members of the medical staff were in breach of their professional duties on account of the serious negligence ascribed to them, but also on account of a failure to provide medical treatment to Mrs Şentürk because the deceased woman and her husband did not have the necessary financial resources