İDARENİN SEBEP OLDUĞU NEGATİF YÜKÜMLÜLÜK BOYUTUYLA YAŞAM HAKKI İHLALLERİ ÜZERİNE BİREYSEL BAŞVURU KARARLARI IŞIĞINDA BİRTAKIM DEĞERLENDİRMELER

The administration -the State and the other public legal entities- realises all public services through administrative acts and actions. Administrative acts and actions are the instruments used by the administration to fulfil its activities. According the Republic of Türkiye is a state of law according to its Constitution, its administrative acts and actions must comply with the law. Even administrative acts benefit from the presumption of legal compliance. Some legal disputes due to violation of the right to life arising from administrative acts and actions of the administration have been the subject of individual application decisions of the Constitutional Court. The individual application is a remedy available to individuals after exhausting all other administrative and judicial remedies in the event of violations by public authorities of fundamental rights and freedoms guaranteed by the European Convention on Human Rights, the additional protocols to the ECHR to which we are a party and our Constitution. This remedy is the last step in our national law for the protection of fundamental rights and freedoms. Since 2012, it is an important remedy in our legal system. The right to life is one of the fundamental rights and freedoms enshrined in the ECHR and Constitution of the Republic of Türkiye. Therefore, the right to life is one of the fundamental rights and freedoms subject to individual application. The state has both positive and negative obligations in terms ot the right to life. The negative obligation of the State has the meaning for not touch the right to life (not killing). The positive obligation has two different meanings: The obligation to protect the right to life and the obligation to investigate. When the individual application decisions of the Constitutional Court are analysed, it is seen that the right to life of persons may be violated in relation to different areas of public services: Health (medical interventions), security (terrorist attacks), justice (non-protection in penal institutions). There are also many instances where the right to life of persons has been violated by the unlawful acts and actions of the administration within the scope of law enforcement activities. For example, the use of lethal force by security personnel is one of the most prominent reasons for violation in individual application decisions. The use of lethal force by security forces is an intervention claim that must be assessed in terms of the state's obligation not killing.