2
İLHAN v. TURKEY JUDGMENT
his life-threatening injuries. He also complained of a lack of effective
remedy in respect of these matters and of discrimination on the basis of his
brother's Kurdish origin.
4. The Commission declared the application admissible on 22 May
1995. In its report of 23 April 1999 (former Article 31 of the Convention), it
expressed the opinion that there had been a violation of Article 2 of the
Convention (by twenty-seven votes to five); that there had been a violation
of Article 3 (unanimously); that there had been a violation of Article 13 (by
twenty-nine votes to three); and that there had been no violation of
Article 14 (unanimously)1.
5. On 20 September 1999 a panel of the Grand Chamber decided that the
case would be examined by the Grand Chamber of the Court (Article 5 § 4
of Protocol No. 11 and Rules 100 § 1 and 24 § 6 of the Rules of Court). The
Grand Chamber included ex officio Mr R. Türmen, the judge elected in
respect of Turkey (Article 27 § 2 of the Convention and Rule 24 § 4),
Mr L. Wildhaber, the President of the Court, Mrs E. Palm, Vice-President of
the Court, and Mr J.-P. Costa and Mr M. Fischbach, Vice-Presidents of
Sections (Article 27 § 3 of the Convention and Rule 24 §§ 3 and 5 (a)). The
other members appointed to complete the Grand Chamber were
Mr A. Pastor Ridruejo, Mr G. Bonello, Mr J. Makarczyk, Mr P. Kūris,
Mrs F. Tulkens, Mrs V. Strážnická, Mr V. Butkevych, Mr. J. Casadevall,
Mrs H.S. Greve, Mr A.B. Baka, Mr R. Maruste and Mrs S. Botoucharova
(Rules 24 § 3 and 100 § 4).
6. Subsequently Mr Türmen, who had taken part in the Commission's
examination of the case, withdrew from sitting in the Grand Chamber
(Rule 28). On 22 October 1999 the Turkish Government (“the
Government”) appointed Mr F. Gölcüklü to sit as an ad hoc judge
(Article 27 § 2 of the Convention and Rule 29 § 1). Mr Fischbach and
Mrs Strážnická ,who were unable to take part in the further consideration of
the case, were replaced by Mrs N. Vajić and Mr M. Ugrekhelidze, substitute
judges (Rule 24 § 5 (b)).
7. The applicant and the Government each filed a memorial. In his
memorial, the applicant no longer maintained his complaints under
Article 14 of the Convention.
8. A hearing took place in public in the Human Rights Building,
Strasbourg, on 2 February 2000.
1. Note by the Registry. The report is obtainable from the Registry.