İLHAN v. TURKEY JUDGMENT 27 of the incident and the average male life expectancy in Turkey, and that as a farmer he earned GBP 339.81 (TRL 280,000,000) per month at 1999 values, he claimed, for loss of earnings, the capitalised sum of GBP 70,952.32. His overall claim for pecuniary damage totalled GBP 89,156.59. 108. The Government submitted that there was no violation to be compensated. Any just satisfaction should not exceed reasonable limits or lead to unjust enrichment. 109. The Court observes that there is a direct causal link between the injuries which it has found were inflicted on Abdüllatif İlhan in breach of Article 3 and the past medical expenses and loss of earnings which the applicant claims on his behalf. The Government have not queried the amount claimed by the applicant, beyond submitting that such sums should not be unreasonable. Having regard, therefore, to the detailed submissions by the applicant concerning these elements, which included the actuarial basis of calculation of the appropriate capital sum to reflect the loss of income due to Abdüllatif İlhan's injuries, the Court awards the sum of GBP 80,600, such sum to be paid to the applicant to be held on behalf of Abdüllatif İlhan. It does not award any sum in respect of alleged future medical expenses, in respect of which no supporting details have been provided and which must therefore be regarded as largely speculative. B. Non-pecuniary damage 110. The applicant claimed, referring, inter alia, to the severity of the violations and the need for an inducement to observe legal standards to give effective expression to the function of the Court in upholding the public order of Europe, GBP 40,000 for the non-pecuniary damage suffered by Abdüllatif İlhan and GBP 2,500 for himself on account of the violation of Article 13 which he had suffered. 111. The Government submitted that any just satisfaction should not exceed reasonable limits or lead to unjust enrichment. 112. The Court has found above that the applicant suffered severe, lifethreatening injury at the hands of gendarmes which amounted to torture contrary to Article 3 of the Convention. It also found that there had been a failure to provide an effective remedy in this respect. Noting the awards made in previous cases from south-east Turkey concerning these provisions (see, for example, concerning Article 3, the Aksoy judgment cited above, pp. 2289-90, § 113, the Aydın judgment cited above, p. 1903, § 131, the Tekin judgment cited above, pp. 1521-22, § 77, Çakıcı v. Turkey [GC], no. 23657/94, § 130, ECHR 1999-IV, and Mahmut Kaya cited above, § 138) and having regard to the circumstances of this case, the Court has decided to award the sum of GBP 25,000 in total in respect of non-pecuniary damage to be held by the applicant for his brother Abdüllatif İlhan.

اختر الفقرة المستهدفة3