İLHAN v. TURKEY JUDGMENT
29
FOR THESE REASONS, THE COURT
1. Dismisses by sixteen votes to one the Government's preliminary
objections;
2. Holds by twelve votes to five that there has been no violation of Article 2
of the Convention;
3. Holds unanimously that there has been a violation of Article 3 of the
Convention;
4. Holds unanimously that there has been a violation of Article 13 of the
Convention;
5. Holds by sixteen votes to one
(a) that the respondent State is to pay the applicant, within three
months, the following sums, to be converted into Turkish liras at the rate
applicable at the date of settlement:
(i) GBP 80,600 (eighty thousand six hundred pounds sterling) for
pecuniary damage to be held by the applicant for his brother
Abdüllatif İlhan;
(ii) GBP 25,000 (twenty-five thousand pounds sterling) for nonpecuniary damage, which sum is to be held by the applicant for his
brother Abdüllatif İlhan;
(b) that simple interest at an annual rate of 7.5% shall be payable on
these sums from the expiry of the above-mentioned three months until
settlement;
6. Holds by sixteen votes to one
(a) that the respondent State is to pay the applicant, within three months
and into the latter's bank account in the United Kingdom, in respect of
costs and expenses, GBP 17,000 (seventeen thousand pounds sterling)
together with any value-added tax that may be chargeable, less
FRF 11,300 (eleven thousand three hundred French francs) to be
converted into pounds sterling at the rate applicable at the date of
delivery of this judgment;
(b) that simple interest at an annual rate of 7.5% shall be payable on
these sums from the expiry of the above-mentioned three months until
settlement;
7. Dismisses unanimously the remainder of the applicant's claims for just
satisfaction.