ÇAKICI v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION 38 he did not bear the brunt of this task, his father taking the initiative in presenting the petition of 22 December 1993 to the Diyarbakır National Security Court. As far as the latter is concerned, I am more impressed by the fact that from the moment of the disappearance of his brother the applicant was actively involved in submitting various petitions and enquiries to the authorities and that he made the application to our Court. The Turkish Government have been found responsible for one of the gravest possible violations of human rights, a failure to respect the right to life. Moreover, they left the applicant in uncertainty, doubt and apprehension about his brother for more than five and a half years. In doing so, they demonstrated a cruel disregard for his feelings and his efforts to find out about his brother’s fate. Apart from failing in their obligation to respect his brother’s right to life, the Government must also be held responsible for the severe mental distress and anguish the applicant has suffered for a prolonged and continuing period of time as a consequence of their acts and negligence. I find that these are factors which do amount to a violation of Article 3 in relation to the applicant himself.

Select target paragraph3