ERGI JUDGMENT OF 28 JULY 1998
16
conduct of the security forces’ operation and the failure to carry out an
effective investigation into the death of the applicant’s sister (unanimously),
that no separate issue arose under Article 8 (unanimously) or under
Article 13 (twenty-two votes to nine); that there had been no violation of
Article 14 or Article 18 (unanimously); and that Turkey had failed to
comply with its obligations under Article 25 (thirty votes to one). The full
text of the Commission’s opinion is reproduced as an annex to this
judgment1.
FINAL SUBMISSIONS TO THE COURT
56. At the hearing on 21 April 1998 the Government, as they had done
in their memorial, invited the Court to hold that the case should be declared
inadmissible since the application was invalid or, in the alternative, since
the applicant had failed to exhaust domestic remedies. Should the Court not
uphold any of their preliminary objections, the Government requested it to
hold that there had been no violation of Articles 2, 8, 13, 14, and 18 of the
Convention and that there had been no failure on the part of the respondent
State to comply with its obligations under Article 25 of the Convention.
57. On the same occasion the applicant reiterated his request to the
Court stated in his memorial to find violations of Articles 2, 13, 14 and 18
of the Convention, that Turkey had failed to comply with Article 25 and to
award just satisfaction under Article 50 of the Convention.
AS TO THE LAW
I.
THE GOVERNMENT’S PRELIMINARY OBJECTIONS
58. The Government raised two preliminary objections to the Court’s
jurisdiction. In the first place, they had serious doubts that Muharrem Ergi
was the real applicant in the present case. Secondly, he had failed to exhaust
domestic remedies as required by Article 26 of the Convention.
1. Note by the Registrar. For practical reasons this annex will appear only with the printed
version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the
Commission’s report is obtainable from the registry.