CYIL vol. 14 (2023)

ELMIRA LYAPINA CYIL 14 (2023) only preventive measures but also control of the effective implementation of such measures by the state or state agents. While considering the potential cases, the European Court must pay more attention to the implementation of building standards in seismically active regions in Türkiye, and to coordination with human rights organizations on the effectiveness of the actions of state authorities while dealing with the consequences of the earthquake, such as providing adequate shelter and conditions for those affected by the earthquake. The Court must ensure that freedom of expression 68 regarding the conditions and actions of the state and state agents will not be restricted and will be protected at the international level. Considering the fact that the ECtHR already has practice in dealing with cases of natural disasters, in particular earthquakes in Türkiye, it is important that this time it will develop the previous recommendations for the state to restore the balance of human rights, also for future situations. Looking back at the positive changes since the 1990s, the moment the European Court’s power was recognized in Türkiye, it could have continued to positively impact changes in the country. Conclusion The aims of this paper were to assess the level of state accountability in the 2023 earthquakes in Türkiye and to discuss the case law of the European Court and its approach to environmental sustainability, human rights, and state accountability, as well as the Court’s impact on the development of Turkish legislation in regard to human rights. While assessing the positive obligations of the state within the European Convention on Human Rights, the special approach of the European Court was considered, as well as its demands through its judgments, rulings or decisions towards the states to comply with not only the preventive, but also the operational, positive, investigative and practical measures to protect human rights, rule of law, and the level of democracy. The cases demonstrate how environmental sustainability is considered within a deeper understanding of the fundamental human rights, such as the right to life, right to property, right to family life, and the right to be informed and connected with one’s freedoms: of expression, of assembly, and of association. The article further considered the Court’s case law connected to Türkiye and natural disasters, and it was shown that although the normative basis of Türkiye has undergone positive improvement since these decisions, the practical reality of dealing with and preventing the atrocities and the violations of human rights associated with earthquakes hasn’t changed since the 1999 earthquake, as it was revealed in the case Özel and Others v. Turkey . Despite the recommendations of the Court, experts, and scholars on taking sufficient steps in compliance with preventive and practical measures, the state’s unpreparedness during the 2023 earthquake proved otherwise. The general conclusion, considering the fact that Türkiye ranks third in the world in the number of earthquakes (at least one earthquake with a magnitude of five every year),

68 LUQUE, J. Turbulent times: Turkey and European court of human rights. Free Turkey Journalists. https:// freeturkeyjournalists.ipi.media/turbulent-times-turkey-and-european-court-of-human-rights/.

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