ÇAKICI v. TURKEY JUDGMENT 29 himself and on behalf of his brother, and alleged a breach of Article 13, which provides: “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” 109. The applicant submitted that he was denied an effective remedy due to the dilatory and superficial investigation conducted into the disappearance of his brother. He referred, inter alia, to the failure of the public prosecutors to inspect directly the original custody records and the reliance of the public prosecutor in his decision of non-jurisdiction on the unsubstantiated report that Ahmet Çakıcı’s body had been found after a clash with terrorists. 110. The Government maintained that the system of criminal, civil and administrative justice offered effective redress, when utilised properly by applicants acting in good faith, referring in particular to the Aytekin case (Aytekin judgment cited above). The applicant in the present case did not seriously attempt to seek a remedy from the domestic authorities, who, contrary to his assertions, took the necessary and appropriate steps in relation to his allegations once they had been brought to their attention. 111. The Commission concluded that there had been a violation of Article 13 since the public prosecutors had not investigated promptly or effectively the disappearance of the applicant’s brother, ignoring or discounting the evidence which supported the applicant’s claims. At the hearing, the Delegate of the Commission sought to place this case in the context of the previous fifteen judgments rendered by the Court in which allegations of failure to protect life, disappearance, ill-treatment and destruction of homes in south-east Turkey were associated with failures to provide an effective remedy, in particular a reluctance to pursue investigations into allegations of wrongdoing by the security forces and a readiness to accept the unsubstantiated assertions of the security forces at face value. Findings had been made concerning inadequate investigative procedures in all of those cases, save the Aytekin case, which differed in that there was an identified perpetrator of the lethal shooting of the applicant’s husband from the outset of the incident. 112. The Court recalls that Article 13 of the Convention guarantees the availability at the national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. Article 13 thus requires the provision of a domestic remedy to deal with the substance of an “arguable complaint” under the Convention and to grant appropriate relief, although the Contracting States are afforded some discretion as to the manner in which they conform to their Convention obligations under this provision. The scope of the obligation under Article 13 also varies depending on the nature of the applicant’s complaint under the Convention. Nevertheless, the

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