ÇAKICI v. TURKEY JUDGMENT 24 opportunity to see and talk to Ahmet Çakıcı. His evidence (see paragraph 50 above) was that he saw bloodstains on Ahmet Çakıcı’s clothing and that Ahmet Çakıcı was in a very poor physical condition. Ahmet Çakıcı told him that he had been beaten, that one of his ribs had been broken and his head split open. He was taken from the room in which they were held together and informed Mustafa Engin on his return that he had twice been given electric shocks, which treatment Mustafa Engin also stated that he received during interrogation. The Court shares the Commission’s opinion that this evidence supports a finding to the required standard of proof, i.e. beyond reasonable doubt, that Ahmet Çakıcı was tortured during his detention. There has, consequently, been a violation of Article 3 of the Convention in respect of the applicant’s brother, Ahmet Çakıcı. 93. The Court does not deem it necessary to make a separate finding under Article 3 in respect of the alleged deficiencies in the investigation, as it examines this aspect under Article 13 of the Convention below. B. Concerning the applicant 94. Relying, inter alia, on the Court’s judgment in the Kurt case (Kurt judgment cited above, pp. 1187-88, §§ 130-34), the applicant complained that the disappearance of his brother constituted inhuman treatment in relation to himself and other members of the family, including Remziye, Ahmet Çakıcı’s wife, and their children. He referred to the lack of information given to them by the authorities in answer to their enquiries and to the prolonged period of uncertainty as to the fate of Ahmet Çakıcı which continued to trap the family in a cycle of unfounded hope and inhibited the grieving process. 95. The Government disputed that the applicant might claim to be an indirect victim of a violation of the rights of his brother. In any event, they submitted that the links between the brothers were not particularly close and that this aspect of the application had not been the subject of any detailed examination necessary to reaching any findings on the point. 96. The majority of the Commission, referring to the long period of uncertainty, doubt and apprehension suffered by the applicant and to the failure of the authorities to account for what had happened to Ahmet Çakıcı, found that the applicant could claim to have been subjected to inhuman and degrading treatment contrary to Article 3 of the Convention. A minority of the Commission considered that the emotional stress caused to the applicant could not raise a separate issue, since otherwise the notion of victim would be extended unacceptably to a wide circle of those indirectly affected by violations of the Convention. 97. The Court notes that this complaint was examined before the Commission solely in relation to the applicant. According to the