ELCI AND OTHERS v. TURKEY JUDGMENT
123
25,500, and Ms Beştaş and Ms Ölmez EUR 36,000, each, for non-pecuniary
damage.
727. The Court next found that the applicants Şinasi Tur, Sabahattin
Acar, Mehmet Selim Kurbanoğlu, Mesut Beştaş and Vedat Erten were illtreated, in respect of which the authorities did not conduct any investigation,
in breach of Article 3 of the Convention (paragraphs 647 and 649 above).
They were also victims of a breach of Article 5 § 1 of the Convention as
their detention by the gendarmes was not in accordance with a procedure
prescribed by law (paragraph 682 above). MM Tur and Acar were held
unlawfully for 25 days; Mr Kurbanoğlu, 20 days; Mr Beştaş 24 days and
Mr Erten 17 days. In these circumstances, the Court decides on an equitable
basis that Mr Tur should be awarded EUR 15,000; Mr Acar, EUR 15,000;
Mr Kurbanoğlu, EUR 12,000; Mr Beştaş EUR 14,400 and Mr Erten
EUR 10,200, for non-pecuniary damage.
728. Finally, the other applicants were victims of a breach of Article 5
§ 1 of the Convention as their detention by the gendarmes was not in
accordance with a procedure prescribed by law (paragraph 682 above).
Nevzat Kaya was held unlawfully for 22 days; Baki Demırhan, 24 days;
Arif Altinkalem, 24 days; Gazanfer Abbasioğlu, 10 days; Fuat Hayri Demır,
7 days; and İmam Şahin and Arzu Şahin, 14 days. In these circumstances,
the Court decides on an equitable basis that Mr Kaya should be awarded
EUR 6,600; Mr Demırhan, EUR 7,200; Mr Altinkalem, EUR 8,500,
including an additional sum in compensation for the lack of any reasonable
suspicion justifying his apprehension (paragraph 674 above);
Mr Abbasioğlu, EUR 3,000; Mr Demır, EUR 2,100; and Mr and Mrs Şahin,
EUR 4,200 each, for non-pecuniary damage.
729. The sums awarded in paragraphs 726-728 above are to be paid into
the bank account indicated in the applicants' just satisfaction claim.
C. Costs and expenses
730. The applicants claimed costs and expenses for their representation
by British and Turkish lawyers who have performed different tasks, as well
as for those incurred by the Kurdish Human Rights Project (“KHRP”)
which played a key role in bringing the case at the outset, acted as an
effective consultant, prepared translations and provided essential logistical
and administrative support throughout. These amount to GBP 1762.50 for
counsel's fees in respect of the Article 41 claim, EUR 36,900 for the fees of
three Turkish lawyers, and GBP 41,045 for the costs of the KHRP, which
included counsels' fees for the earlier stages in the procedure before the
Convention organs and GBP 1,995 in respect of costs for translations and
the like.
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