SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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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.