GÜLEÇ JUDGMENT
40
JOINT PARTLY DISSENTING OPINION
OF JUDGES GÖLCÜKLÜ AND MATSCHER
(Translation)
We voted against the award of 50,000 French francs for non-pecuniary
damage, in particular because the applicant’s son had been killed while
deliberately taking part in an illegal and violent demonstration.
Moreover, for reasons of principle, we disapprove of the award of
compensation for non-pecuniary damage – irrespective of the amount – to
the relatives of a victim, finding it rather unseemly to derive financial gain
from the death of a relative, and we are not at all impressed by the
astronomical sums claimed by the applicant.