ERGI JUDGMENT OF 28 JULY 1998 33 State failed to comply with its obligations under this provision. There has thus been a violation of Article 25 § 1 of the Convention. II. APPLICATION OF ARTICLE 50 OF THE CONVENTION 106. In respect of the death of Havva Ergi, the applicant claimed compensation under Article 50 of the Convention, which reads: “If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.” A. Non-pecuniary damage 107. The applicant submitted that he, his deceased sister and the latter’s daughter had been the victims both of individual violations and of a practice of such violations. He claimed 30,000 pounds sterling (GBP) in compensation for non-pecuniary damage. In addition, he sought GBP 10,000 for aggravated damages resulting from the existence of a practice of violation of Article 2 and of a denial of effective remedies in south-east Turkey in aggravated violation of Article 13. 108. The Government considered the amount of the claim to be excessive. In this connection they invited the Court to take due account of the social and economic conditions prevailing in Turkey, where the minimum wage was approximately 600 French francs (FRF) per month and that of a judge at the end of his career FRF 4,700 per month. They further disputed that an award should be made in respect of the niece, who was not an applicant and had not taken part in the proceedings. 109. The Delegate of the Commission did not offer any comments on the applicant’s claims. 110. The Court observes from the outset that the initial application to the Commission was brought by the applicant not only on his own and his sister’s behalf but also on behalf of his niece, Havva Ergi’s daughter. The Court considers that they must have suffered non-pecuniary damage which cannot be compensated solely by the findings of violations. Having regard to the gravity of the violations (see paragraphs 86 and 98 above) and to equitable considerations, it awards the applicant GBP 1,000 and Havva Ergi’s daughter GBP 5,000, which amount is to be paid to the applicant’s niece or her guardian to be held on her behalf. 111. On the other hand, it dismisses the claim for aggravated damages.

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