ERGI JUDGMENT OF 28 JULY 1998 35 FOR THESE REASONS, THE COURT 1. Dismisses unanimously the Government’s preliminary objection as to the validity of the application; 2. Holds unanimously that the Government are estopped from making a preliminary objection concerning the exhaustion of domestic remedies; 3. Holds unanimously that it has not been established that the applicant’s sister was killed by the security forces in breach of Article 2 of the Convention; 4. Holds unanimously that there has been a violation of Article 2 of the Convention on account of the planning and conduct of the security forces’ operation and in respect of the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of the applicant’s sister; 5. Holds unanimously that it is not necessary to examine the complaint made under Article 8 of the Convention; 6. Holds by eight votes to one that there has been a violation of Article 13 of the Convention in respect of the applicant and his niece; 7. Holds unanimously that there has been no violation of Articles 14 and 18 of the Convention; 8. Holds by eight votes to one that there has been a violation of Article 25 § 1 of the Convention; 9. Holds by eight votes to one that the respondent State is to pay, within three months, in respect of non-pecuniary damage, 1,000 (one thousand) pounds sterling to the applicant, to be converted into Turkish liras at the rate applicable on the date of settlement; 10. Holds unanimously that the respondent State is to pay, within three months, in respect of non-pecuniary damage, 5,000 (five thousand) pounds sterling to the applicant’s niece or her guardian to be held on her behalf, to be converted into Turkish liras at the rate applicable on the date of settlement; 11. Holds unanimously that the respondent State is to pay the applicant, within three months, in respect of costs and expenses, 12,000 (twelve thousand) pounds sterling together with any value-added tax that may be