ERGI JUDGMENT 37 PARTLY DISSENTING OPINION OF JUDGE GÖLCÜKLÜ (Translation) To my great regret, I cannot agree on certain points with the opinion of the majority in the case of Ergi v. Turkey, for the following reasons. 1. The Court having reached the conclusion that there has been a breach of Article 2 of the Convention on the ground that no effective inquiry was conducted into the death complained of, I consider, like the Commission, that no separate issue arises under Article 13, because the fact that there was no satisfactory and effective inquiry into the death forms the basis of the applicant’s complaints under both Article 2 and Article 13. In that connection, I refer to my dissenting opinion in the Kaya v. Turkey case and the opinion expressed by a large majority of the Commission on the question (see Aytekin v. Turkey, application no. 22880/93, 18 September 1997; Ergi v. Turkey, application no. 23818/94, 20 May 1997; Yaşa v. Turkey, application no. 22495/93, 8 April 1997). 2. The Court has also reached the conclusion, by interpreting certain unproved allegations contested by the Government, that there has been a breach of Article 25 of the Convention. Admittedly, the respondent Government tried to contact the applicant on a number of occasions when the application was communicated to them. That step was useful and necessary, firstly in order to ascertain the details of the applicant’s allegations, and secondly to explore the possibility of reaching a friendly settlement, which is the first step under the Convention system towards solving the problem. When a complainant is invited to meet a national authority to discuss an application to the Commission, the person in question may feel some disquiet. But to interpret that psychological state as pressure exerted to prevent the applicant from continuing the proceedings before the Strasbourg institutions is in my opinion the result of either bad faith or a political machination to discredit the respondent Government. To my mind, the Court should ask itself whether the applicant was not rather under pressure from the Diyarbakır Human Rights Association, which acts in such cases by means of a kind of actio popularis which is not authorised by Article 25; and these applications, originating in Diyarbakır, all follow the same course – London (the Kurdish Human Rights Project) and Strasbourg.