ÇAKICI v. TURKEY JUDGMENT
32
124. The Government disputed that the sum of TRL 4,700,000 should be
paid having regard to the source of the information, Mustafa Engin, whose
evidence, in the Government’s view, was contradictory and unreliable. They
submitted that it would be inappropriate to pay loss of earnings in respect of
Ahmet Çakıcı since it had not been established that he was dead and, in any
event, an award could not be made to Ahmet Çakıcı’s heirs since they were
not applicants in this case.
125. The Court observes that the applicant introduced this application on
his own behalf and on behalf of his brother. In these circumstances, the
Court may, if it considers it appropriate, make awards to the applicant to be
held by him for his brother’s heirs (see the Kurt judgment cited above,
p. 1195, § 174).
126. As regards the claim of TRL 4,700,000, the Court notes that the
Commission did not make any finding of fact as regarded the allegation that
a gendarmerie officer had removed money from Ahmet Çakıcı. The Court
recalls that this claim derives from the evidence of Mustafa Engin who
stated that Ahmet Çakıcı told him, while they were detained together at
Diyarbakır provincial gendarmerie headquarters, that a first lieutenant had
taken the money from him. Remziye Çakıcı also claimed that a boy from the
village had told her that he had seen a gendarme take money from Ahmet
Çakıcı (see paragraphs 14 and 15 above). The Court has accepted the
Commission’s opinion that these witnesses were generally credible but
notes that neither witness was a direct eyewitness of the alleged confiscation
but rely on what they were told by others. The Court is not satisfied that this
furnishes a sufficiently substantiated basis for making an award of
pecuniary damage in this regard.
127. As regards the applicant’s claims for loss of earnings, the Court’s
case-law establishes that there must be a clear causal connection between
the damage claimed by the applicant and the violation of the Convention
and that this may, in the appropriate case, include compensation in respect
of loss of earnings (see, amongst other authorities, the Barberà, Messegué
and Jabardo v. Spain judgment of 13 June 1994 (Article 50), Series A
no. 285-C, pp. 57-58, §§ 16-20). The Court has found (paragraph 85 above)
that it may be taken as established that Ahmet Çakıcı died following his
apprehension by the security forces and that the State’s responsibility is
engaged under Article 2 of the Convention. In these circumstances, there is
a direct causal link between the violation of Article 2 and the loss by his
widow and children of the financial support which he provided for them.
The Court notes that the Government have not queried the amount claimed
by the applicant. Having regard therefore to the detailed submissions by the
applicant concerning the actuarial basis of calculation of the appropriate
capital sum to reflect the loss of income due to Ahmet Çakıcı’s death, the
Court awards the sum of GBP 11,534.29 to be held by the applicant on
behalf of his brother’s surviving spouse and children.