SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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96. The Court considers that the nature and gravity of the violations
complained of in the instant case under Articles 3 and 8 of the Convention
and Article 1 of the Protocol No. 1 have implications for Article 13. It
recalls that where an individual has an arguable claim that his or her home
and possessions have been purposely destroyed by agents of the State, the
notion of an “effective remedy” entails, in addition to the payment of
compensation where appropriate and without prejudice to any other remedy
available in the domestic system, an obligation on the respondent State to
carry out a thorough and effective investigation capable of leading to the
identification and punishment of those responsible and including effective
access for the complainant to the investigative procedure (see the abovementioned Menteş and Others judgment, p. 2715, § 89).
97. As already stated, the Court accepts that Mr Asker presented a
petition of complaint to the District Governor shortly after the destruction of
his house (see paragraphs 31 and 57 above). However, it was not until the
Commission’s communication of the applications to the respondent
Government that the Kulp public prosecutor instigated a criminal
investigation at the request of the Ministry of Justice (see paragraphs 21–22
above). The Court finds it striking that CO Cömert was not interviewed
during the course of this investigation, despite the fact that the applicants
had clearly named him as the officer in charge of the impugned operation in
İslamköy. Furthermore, apart from the statements taken from the applicants,
it does not appear that any attempt was made to establish the truth through
questioning other villagers who might have witnessed the events under
consideration. In November 1994 jurisdiction over the investigation was
transferred to the Kulp Administrative Council (see paragraph 25 above).
Over three years later, the Court has not been provided with any evidence to
suggest that the latter body has taken any action in connection with it.
98. In these circumstances, it cannot be said that the respondent State
has carried out a thorough and effective investigation as required by
Article 13.
The Court therefore finds this provision to have been violated.
E. Alleged violations of Article 14 of the Convention in conjunction
with Articles 6, 8 and 13 of the Convention and Article 1 of
Protocol No. 1 and of Article 18 of the Convention
99. The applicants maintained that, because of their Kurdish origin, they
had been subjected to discrimination in breach of Article 14 of the
Convention, in conjunction with Articles 6, 8 and 13 of the Convention and
Article 1 of Protocol No. 1. Article 14 reads: