ÇAKICI v. TURKEY JUDGMENT
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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