SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
24
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status.”
Furthermore, in the light of the evidence adduced by the applicants of a
systematic, cruel and ruthless policy of population displacement, they
requested the Court also to find a breach of Article 18 of the Convention,
which provides:
“The restrictions permitted under [the] Convention to the said rights and freedoms
shall not be applied for any purpose other than those for which they have been
prescribed.”
100. The Government did not address these allegations beyond denying
the factual basis of the substantive complaints.
101. The Commission found the applicants’ above allegations
unsubstantiated.
102. For its part, the Court, on the basis of the facts as established by the
Commission (see paragraphs 27–32 above), finds no violation of these
provisions.
IV. APPLICATION OF ARTICLE 50 OF THE CONVENTION
103. The applicants claimed just satisfaction under Article 50 of the
Convention, which provides:
“If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party.”
A. Pecuniary damage
104. The applicants claimed pecuniary damage in respect of the loss of
their houses, cultivated land, household property, livestock and, in the case
of Mrs Selçuk, her mill. They also claimed that an award should be made in
respect of the cost of alternative accommodation.
105. The Government argued that the applicants’ allegations that their
property had been destroyed by security forces had not been proved, and
that there was therefore no requirement to award any compensation.
In the alternative, in the event that the Court did find it appropriate to
award some compensation, they submitted that the assessment thereof
should not be such as to cause any unjust enrichment. The amounts claimed