SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998 19 76. The Court recalls that ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this minimum is relative: it depends on all the circumstances of the case, such as the duration of the treatment, its physical and/or mental effects and, in some cases, the sex, age and state of health of the victim (see, for example, the Soering v. the United Kingdom judgment of 7 July 1989, Series A no. 161, p. 39, § 100, and p. 43, §§ 108–09). 77. The Court refers to the facts which it finds to be established in the present case (see paragraphs 27, 28, 30 and 57 above). It recalls that Mrs Selçuk and Mr Asker were aged respectively 54 and 60 at the time and had lived in the village of İslamköy all their lives (see paragraph 8 above). Their homes and most of their property were destroyed by the security forces, depriving the applicants of their livelihoods and forcing them to leave their village. It would appear that the exercise was premeditated and carried out contemptuously and without respect for the feelings of the applicants. They were taken unprepared; they had to stand by and watch the burning of their homes; inadequate precautions were taken to secure the safety of Mr and Mrs Asker; Mrs Selçuk’s protests were ignored, and no assistance was provided to them afterwards. 78. Bearing in mind in particular the manner in which the applicants’ homes were destroyed (see the above-mentioned Akdivar and Others judgment, p. 1216, § 91) and their personal circumstances, it is clear that they must have been caused suffering of sufficient severity for the acts of the security forces to be categorised as inhuman treatment within the meaning of Article 3. 79. The Court recalls that the Commission made no finding as regards the underlying motive for the destruction of the applicants’ property. However, even if it were the case that the acts in question were carried out without any intention of punishing the applicants, but instead to prevent their homes being used by terrorists or as a discouragement to others, this would not provide a justification for the ill-treatment. 80. In conclusion, the Court finds that the particular circumstances of this case disclose a violation of Article 3. B. Alleged violations of Articles 2 and 5 § 1 of the Convention 81. Before the Court the applicants did not pursue their claims under Articles 2 and 5 § 1 of the Convention.

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