SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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as pecuniary damage were excessive and had not been substantiated, as they
would have to be before a Turkish court. The Court should take into account
the economic conditions in Turkey, where the minimum monthly wage
amounted to 700 French francs (FRF) and the net maximum monthly
allowance of a senior judge amounted to FRF 7,250.
106. The Court recalls its findings that the applicants’ homes and
household property, and Mrs Selçuk’s mill, were destroyed by security
forces (see paragraph 57 above). In view of this finding it is undoubtedly
necessary to award compensation for pecuniary damage. However, since the
applicants have not substantiated their claims as to the quantity and value of
their lost property with any documentary or other evidence, the Government
have not provided any detailed comments, and the Commission has made
no findings of fact in this respect, the Court’s assessment of the amounts to
be awarded must, by necessity, be speculative and based on principles of
equity.
1. Houses and other buildings
107. Mrs Selçuk claimed damages in respect of a two-storey cement and
stone house covering 250 square metres, which she valued at 1,250,000,000
Turkish liras (TRL), a one-storey, 300 square metres, cement and stone
stable, valued at TRL 1,500,000,000 and the three-storey, 80 square metres,
water mill, valued at TRL 580,000,000, which she co-owned with three
others.
Mr Asker claimed damages in respect of a two-storey, 300 square
metres, cement and stone house, valued at TRL 1,500,000,000, and a onestorey, 400 square metres, cement and stone stable, valued at
TRL 2,000,000,000.
108. As it did in its Akdivar and Others v. Turkey (Article 50) judgment
(1 April 1998, Reports 1998-II, p. 718, § 18), the Court observes that it has
not been provided with decisive proof of the size of the properties
destroyed. Against this background, and with reference to equitable
considerations and the approach adopted in the above-mentioned Akdivar
(Article 50) judgment, it awards, in respect of destroyed buildings,
TRL 1,000,000,000 to each of the applicants.
2. Other property
109. The applicants submitted claims in respect of household goods,
such as bedding, kilims, electrical goods and food and fuel stores,
amounting to TRL 1,451,650,000 for Mrs Selçuk and TRL 2,415,000,000
for Mr Asker. In addition, they claimed to have lost livestock worth in total