GÜLEÇ JUDGMENT OF 27 JULY 1998 38 88. The Court notes that the applicant has not proved that he suffered the pecuniary loss he alleged. Accordingly, it is not appropriate to award compensation. As to non-pecuniary damage, it notes that the applicant’s son died during a violent demonstration. However, having regard to the finding of a breach of Article 2, on account of the use of disproportionate force by the agents of the State and the shortcomings of the investigation into the death, the Court awards the applicant FRF 50,000. B. Costs and expenses 89. The applicant claimed FRF 238,000 for the costs and expenses he had incurred before the Convention institutions. The case had required lengthy, complex work. In addition, having commenced in 1991, it was still not concluded in Turkey. Long days of work had been spent on the hearings of witnesses in Ankara and Strasbourg. Three representatives and four advisers had accompanied Mr Kaplan throughout the proceedings before the Commission and the Court. The sum claimed was therefore reasonable. 90. The Government considered that these costs should be borne by the applicant, as there had been no violation of the Convention in the present case. If the Court should decide to the contrary, no costs should be awarded, as an itemised bill had not been presented. 91. The Delegate of the Commission made no comment. 92. The Court notes that the applicant obtained legal aid before the Commission (FRF 20,348) and later before the Court (FRF 16,351). Making an assessment on an equitable basis, the Court awards the applicant FRF 10,000, together with any value-added tax that may be chargeable. C. Default interest 93. The Court deems it appropriate to adopt the statutory rate of interest applicable in France at the date of adoption of the present judgment, which is 3.36% per annum.

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