ERGI JUDGMENT OF 28 JULY 1998 19 prosecutor had initiated a preliminary investigation into the death of Havva Ergi and that the investigation file had been referred to the Diyarbakır National Security Court. 66. The Delegate of the Commission stressed that the Government had failed to raise this objection before the Commission declared the application admissible. Their letter of 4 November 1994 contained a request to adjourn the proceedings pending the preliminary national investigation but did not contain any objection to admissibility on the grounds of non-exhaustion, let alone any details concerning remedies allegedly available to the applicant. On 5 December 1994 the Commission had rejected the request for an adjournment and had invited the Government to reply to questions on admissibility, including a specific question as to whether the applicant had fulfilled the requirement to exhaust domestic remedies, or was exempted from doing so. However, the Government had not commented until after the Commission had taken its decision to declare the application admissible. They should therefore be estopped from raising their preliminary plea of non-exhaustion of domestic remedies. 67. The Court, sharing the views of the Delegate, notes that the Government were in fact granted an extended time-limit by which to comment on the issue of admissibility. Notwithstanding this they failed to submit any observations at the admissibility stage. Accordingly, the Court concludes that they are estopped from raising their second preliminary objection (see the Aydın v. Turkey judgment of 25 September 1997, Reports 1997-VI, p. 1885, § 58). II. THE MERITS OF THE APPLICANT’S COMPLAINTS A. Alleged violation of Article 2 of the Convention 68. The applicant, on his own behalf, on behalf of his deceased sister, Havva Ergi, and of his niece, complained that his sister had been killed by the security forces in violation of Article 2 of the Convention (see paragraphs 9-15 above), which provision reads: “1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence;