SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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61. The Court notes the above finding of the Commission and observes,
furthermore, that both applicants signed forms indicating that they wished to
take part in the proceedings before the Court and appointing the lawyers
who would represent them. In these circumstances, it finds no cause to
doubt that the applications to the Commission were valid and genuine
expressions of the right of individual petition under Article 25 of the
Convention. It therefore dismisses this preliminary objection.
B. Non-exhaustion of domestic remedies
62. The Government contended that, despite Mr Asker’s claims, he
could not have made any petition to the District Governor because, had he
done so, his petition would have been recorded and he would have been
provided with a registry number and an acknowledgment of receipt, neither
of which he had been able to produce. In truth, neither of the applicants had
made any attempt to raise their Convention grievances before a domestic
authority, despite the fact that both civil and criminal-law remedies were
available.
There were numerous decided cases to the effect that the State would be
held liable for compensation where its agents had destroyed property. The
Government cited by way of example the case of Nizamettin Ağırtmış, who
was awarded compensation by the Van Administrative Court following the
burning of his abandoned house by soldiers (decision no. 1996/771 on file
no. 1993/427, 27 December 1996).
It followed that the applicants had not done all that could be expected of
them to exhaust domestic remedies as required by Article 26 of the
Convention.
63. The applicants contended that both Mr Asker and Mr Memiş had
informed the District Governor approximately ten days after the houses had
been burned down (see paragraph 16 above). Since Mr Asker’s petition
received no response, Mrs Selçuk did not think it worthwhile to submit a
petition herself. Furthermore, they maintained that domestic remedies were
generally ineffective in relation to complaints such as their own.
64. The Commission, in its decisions on admissibility (see paragraph 47
above) noted that the Government had not submitted any observations as to
the admissibility of Mr Asker’s application. According to its usual practice
in these circumstances, the application could not therefore be declared
inadmissible for non-exhaustion of domestic remedies.
In the case of Mrs Selçuk, the Commission determined that there were no
effective remedies which she should be required to exhaust, on the basis
that, while the Government had outlined a general scheme of remedies, they
had produced no concrete examples of their working in cases comparable to
those of the applicants.