ÇAKICI v. TURKEY JUDGMENT
35
5. Holds unanimously that there has been a violation of Article 5 of the
Convention;
6. Holds by sixteen votes to one that there has been a violation of
Article 13 of the Convention;
7. Holds unanimously that there has been no violation of Article 14 of the
Convention;
8. Holds unanimously that there has been no violation of Article 18 of the
Convention;
9. Holds unanimously
(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) 11,534 (eleven thousand five hundred and thirty-four) pounds
sterling and 29 (twenty-nine) pence for pecuniary damage to be held
by the applicant for his brother’s surviving spouse and heirs;
(ii) 25,000 (twenty-five thousand) pounds sterling for non-pecuniary
damage, which sum is to be held by the applicant for his brother’s
heirs, and 2,500 (two thousand five hundred) pounds sterling for
non-pecuniary damage in respect of the applicant;
(b) that simple interest at an annual rate of 7.5% shall be payable from
the expiry of the above-mentioned three months until settlement;
10. Holds by twelve votes to five
(a) that the respondent State is to pay the applicant, within three
months, in respect of costs and expenses, 20,000 (twenty thousand)
pounds sterling together with any value-added tax that may be
chargeable, less 7,000 (seven thousand) 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 from
the expiry of the above-mentioned three months until settlement;
11. Dismisses unanimously the remainder of the applicant’s claims for just
satisfaction.