ERGI JUDGMENT OF 28 JULY 1998 28 B. Alleged violation of Article 8 of the Convention 87. Before the Commission the applicant alleged on behalf of Havva Ergi’s daughter that the killing of her mother had entailed a violation of Article 8 of the Convention, which provides: “1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” However, he did not pursue this complaint before the Court. 88. The Commission was of the opinion that, notwithstanding the tragic consequences for the child, no separate issue arose from its conclusion that there had been a failure to protect the right to life of Havva Ergi in violation of Article 2 (see paragraph 86 above). 89. The Government too considered that no separate issue arose under Article 8 of the Convention. 90. The Court does not deem it necessary to examine the matter of its own motion. C. Alleged violation of Article 13 of the Convention 91. The applicant in addition complained that he and his niece had been victims of a breach of Article 13 of the Convention, which provides: “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” 92. The Government contested this allegation. They stressed that the criminal and administrative courts would have offered effective remedies but the applicant had failed to avail himself of such remedies (see paragraphs 46–53 above). They drew attention to a number of judgments substantially extending the range of legal grounds for engaging State liability beyond that of strict liability based on the social risk theory so as to cover administrative fault. This new generation of judgments was interesting also in that they linked criminal and administrative justice. Thus,