GÜLEÇ JUDGMENT OF 27 JULY 1998
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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.