ÇAKICI v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION
38
he did not bear the brunt of this task, his father taking the initiative in
presenting the petition of 22 December 1993 to the Diyarbakır National
Security Court. As far as the latter is concerned, I am more impressed by the
fact that from the moment of the disappearance of his brother the applicant
was actively involved in submitting various petitions and enquiries to the
authorities and that he made the application to our Court.
The Turkish Government have been found responsible for one of the
gravest possible violations of human rights, a failure to respect the right to
life. Moreover, they left the applicant in uncertainty, doubt and
apprehension about his brother for more than five and a half years. In doing
so, they demonstrated a cruel disregard for his feelings and his efforts to
find out about his brother’s fate. Apart from failing in their obligation to
respect his brother’s right to life, the Government must also be held
responsible for the severe mental distress and anguish the applicant has
suffered for a prolonged and continuing period of time as a consequence of
their acts and negligence. I find that these are factors which do amount to a
violation of Article 3 in relation to the applicant himself.