ÇAKICI v. TURKEY JUDGMENT 33 B. Non-pecuniary damage 128. The applicant claimed GBP 40,000 for non-pecuniary damage in relation to the violations of the Convention suffered by his brother, referring to previous awards made for unlawful detention, torture and lack of effective investigation. 129. The Government submitted that awards should not be a means of enrichment for applicants and should properly take into account the socioeconomic circumstances of the region as well as the age and social situation of the alleged victim and applicant. There was no justification, in their view, to award the colossal sums claimed by the applicant. 130. The Court recalls that in the Kurt judgment (cited above, p. 1195, §§ 174-75) the sum of GBP 15,000 was awarded for violations of the Convention under Articles 5 and 13 in respect of the disappearance of the applicant’s son while in custody, which sum was to be held by the applicant for her son and his heirs, while the applicant received an award of GBP 10,000 in her own favour, due to the circumstances of the case which had led the Court to find a breach of Articles 3 and 13. In the present case, the Court has held, in addition to breaches of Articles 5 and 13, that there has been a violation of the right to respect for life guaranteed under Article 2 and torture contrary to Article 3. Noting the awards made in previous cases from south-east Turkey concerning these provisions (see, concerning Article 3, the Aksoy judgment cited above, pp. 2289-90, § 113, the Aydın judgment cited above, p. 1903, § 131, the Tekin judgment cited above, pp. 1521-22, § 77; and, concerning Article 2, the Kaya judgment cited above, p. 333, § 122, the Güleç v. Turkey judgment of 27 July 1998, Reports 1998-IV, p. 1734, § 88, the Ergi v. Turkey judgment of 28 July 1998, Reports 1998-IV, p. 1785, § 110, the Yaşa judgment cited above, pp. 2444-45, § 124, and Oğur v. Turkey [GC], no. 21594/93, § 98, ECHR 1999-III) and having regard to the circumstances of this case, the Court has decided to award the sum of GBP 25,000 in total in respect of non-pecuniary damage to be held by the applicant for his brother’s heirs. As regards the applicant, the Court has not found a breach of Article 3 in his own regard (see paragraph 99 above). However, he undoubtedly suffered damage in respect of the violations found by the Court and may be regarded as an “injured party” for the purposes of Article 41. Having regard to the gravity of the violations and to equitable considerations, it awards GBP 2,500 to the applicant. C. Costs and expenses 131. The applicant claimed a total of GBP 32,205.17 for fees and costs incurred in the application. This included fees and costs incurred in respect of attendance at the taking of evidence before Commission delegates at a hearing in Ankara and a hearing in Strasbourg and attendance at the hearing

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