GÜLEÇ JUDGMENT OF 27 JULY 1998 37 81. Loss of life is unfortunately a frequent occurrence in south-east Turkey in view of the security situation there (see the above-mentioned Kaya judgment, p. 326, § 91). However, neither the prevalence of violent armed clashes nor the high incidence of fatalities can displace the obligation under Article 2 to ensure that an effective, independent investigation is conducted into deaths arising out of clashes involving the security forces, or, as in the present case, a demonstration, however illegal it may have been. 82. That being so, the Court, like the Commission, concludes that the investigation was not thorough nor was it conducted by independent authorities. What is more, it was conducted without the participation of the complainant, who did not receive notice of the order of 18 October 1991 or the decision of 13 November 1991. C. Conclusion 83. Consequently, there has been a breach of Article 2 of the Convention on account of the use of disproportionate force and the lack of a thorough investigation into the circumstances of the applicant’s son’s death. III. APPLICATION OF ARTICLE 50 OF THE CONVENTION 84. Under Article 50 of the Convention, “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. Damage 85. The applicant claimed 400,000 French francs (FRF) for pecuniary damage and FRF 100,000 for non-pecuniary damage. His son Ahmet, who was a senior-high-school pupil and the family’s eldest child, worked after school. His death had deprived the applicant of valuable financial support and had caused him very great distress. 86. The Government asked the Court to dismiss these claims, arguing that there had been no breach of the Convention. The finding of a violation, if that were the Court’s decision, would be sufficient to make good the non-pecuniary damage, but no sum should be awarded for pecuniary damage. 87. The Delegate of the Commission did not express an opinion.

Select target paragraph3