GÜLEÇ JUDGMENT OF 27 JULY 1998
39
FOR THESE REASONS, THE COURT
1. Dismisses unanimously the Government’s preliminary objection;
2. Holds unanimously that there has been a breach of Article 2 of the
Convention;
3. Holds by seven votes to two that the respondent State is to pay the
applicant, within three months, 50,000 (fifty thousand) French francs for
non-pecuniary damage;
4. Holds unanimously that the respondent State is to pay the applicant,
within three months, 10,000 (ten thousand) French francs for costs and
expenses, together with any value-added tax that may be chargeable;
5. Holds unanimously that these sums are to be converted into Turkish liras
at the rate applicable on the date of settlement and that simple interest at
an annual rate of 3.36% shall be payable on them from the expiry of the
above-mentioned three months until settlement.
6. Dismisses unanimously the remainder of the claim for just satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 27 July 1998.
Signed: Rudolf BERNHARDT
President
Signed: Herbert PETZOLD
Registrar
In accordance with Article 51 § 2 of the Convention and Rule 53 § 2 of
Rules of Court A, the joint partly dissenting opinion of Mr Gölcüklü and
Mr Matscher is annexed to this judgment.
Initialled: R. B.
Initialled: H. P.