PROCEDURE

The case originated in an application (no. 59601/09) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Uğur Eşim (“the applicant”), on 22 October 2009.

The applicant was represented by Mr O. Doğan, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

On 11 June 2012 the application was communicated to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1969 and lives in İstanbul.

On 25 September 1990, when the applicant was a conscript in the army, a clash broke out between the security forces and a group of terrorists. During the incident the applicant was severely wounded by gunshots. Subsequently, he was treated in different military hospitals. According to a medical report, dated 14 November 1991, the applicant’s work capability had been reduced by 33%. Consequently, on 2 April 1992 he was declared to be suffering from a permanent disability and discharged from the army. He was also awarded a sixth-degree disability pension.

In the following years the applicant started suffering from persistent headaches and dizziness, and had sleeping problems. In 2004 a CT scan revealed an unidentified metallic object in the left orbital area. Subsequently, in 2007, the applicant was admitted to the neurosurgery department of the GATA Military Hospital and another CT scan revealed that he had a bullet in his head, measuring 15 x 10 mm. The doctors stated that removing the bullet was potentially life-threatening.

On 19 September 2007 the applicant applied to the Ministry of Defence for compensation in respect of his injury. He alleged that, on account of medical negligence, the bullet in his head had remained unnoticed and that he had sustained further pecuniary damage as this fact had not been taken into account in calculating his disability pension.

Following tacit dismissal of the claim by the administrative authorities, on 16 January 2008 the applicant instituted two separate actions in the Supreme Military Administrative Court, one for the pecuniary damage and the other for the non-pecuniary damage he had sustained on account of the bullet which had been found in his head in 2007.

On 21 January and 18 February 2009 respectively the Supreme Military Administrative Court, by a majority, rejected both actions as being out of time. In both decisions the court held that notwithstanding the fact that the applicant had not been aware of the bullet in his head until 2007, pursuant to section 43(1) of the Supreme Military Administrative Court Act, his compensation claims should have been lodged within five years of the incident.

On 22 April 2009 the Supreme Military Administrative Court rejected a rectification request lodged by the applicant. Its decision was served on the applicant on 6 May 2009.