SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
iii
C. Article 8 of the Convention and Article 1 of Protocol No. 1
No doubt that burning of property constituted grave and unjustified interference with
rights under these provisions.
Conclusion: violation (eight votes to one).
D. Articles 6 § 1 and 13 of the Convention
Given nature of complaint, and in line with case-law, not necessary to determine
whether there has been violation of Article 6 § 1.
Respondent State had not carried out thorough and effective investigation into
applicants’ allegations, as required by Article 13.
Conclusion: not necessary to examine complaint under Article 6 § 1 (unanimously);
violation of Article 13 (eight votes to one).
E. Articles 14 and 18 of the Convention
Acceptance of Commission’s findings that allegations unsubstantiated.
Conclusion: no violation (unanimously).
IV. ARTICLE 50 OF THE CONVENTION
A. Damage
Pecuniary damage: claim allowed in part.
Non-pecuniary damage: claim allowed in part.
B. Costs and expenses
Claim allowed in full.
Conclusion: respondent State to pay specified sums to applicants (eight votes to one).
COURT’S CASE-LAW REFERRED TO
7.7.1989, Soering v. the United Kingdom; 16.9.1996, Akdivar and Others v. Turkey;
18.12.1996, Aksoy v. Turkey; 26.11.1997, Sakık and Others v. Turkey; 28.11.1997,
Menteş and Others v. Turkey; 1.4.1998, Akdivar and Others v. Turkey (Article 50)