Taşkın and Others v. Turkey

The applicants alleged that, as a result of the Ovacık gold mine’s development and operations, they had suffered and continued to suffer the effects of environmental damage; specifically, these included the movement of people and noise pollution caused by the use of machinery and explosives. The ECtHR found that Article 8 of the ECHR was violated since the respondent State had not fulfilled its obligation to secure the applicants’ right to respect for their private and family life.

Article 8(1) Respect for private life

-Applicability of Article 8 to private activities producing dangerous effects to which applicants risk being exposed

-Use of toxic substance in mining: violation

Article 8 Positive obligations -Failure of authorities to comply with court decisions and domestic law in environmental matters: violation

Article 6(1) Civil proceedings

-Civil rights and obligations: Right to a clean environment; application by person living close to a gold mine for annulment of decision authorising use of toxic substance: Article 6 applicable

-Access to court: Non-enforcement of a judgment of the Council of State and subsequent administrative decisions seeking to circumvent it: violation