ELCI AND OTHERS v. TURKEY JUDGMENT
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- for Arif Altinkalem, GBP 50,000 in respect of the violation of Article 5
of the Convention, account being taken of his 25 days' unlawful detention in
wholly unsatisfactory conditions;
- for Gazanfer Abbasioğlu, GBP 70,000 in respect of the violation of
Article 5 of the Convention, account being taken of his 10 days' unlawful
detention in wholly unsatisfactory conditions;
- for Fuat Hayri Demır, GBP 100,000 in respect of the violation of
Article 5 of the Convention, account being taken of his 10 days' unlawful
detention in wholly unsatisfactory conditions;
- for Hüsniye Ölmez, GBP 70,000 in respect of the violations of
Articles 3 and 5 of the Convention, account being taken of her 93 days'
unlawful detention and the severe ill-treatment to which she was subjected,
including dire conditions of detention;
- for İmam Şahin, GBP 70,000 in respect of the violation of Article 5 of
the Convention, account being taken of his 58 days' unlawful detention in
wholly unsatisfactory conditions; and
- for Arzu Şahin GBP 70,000 in respect of the violation of Article 5 of
the Convention, account being taken of her 58 days' unlawful detention in
wholly unsatisfactory conditions.
The applicants MM Elçi, Tur, Acar, Çem and Kurbanoğlu made no
specific claim for just satisfaction in respect of the alleged breaches of
Article 8 of the Convention and Article 1 of Protocol No. 1.
724. The Government submitted that the applicants' claims were
excessive and, therefore, unacceptable. In view of the lack of evidence
regarding the merits of the applicants' case, any award of this kind should be
symbolic only.
725. The Court refers to its considerations above regarding pecuniary
damage and the periods of detention in police/gendarme custody only
(paragraphs 671 and 720 above). It is clear that the applicants suffered nonpecuniary damage in consequence of their experiences, but the Court would
distinguish those applicants who had been tortured in breach of Article 3 of
the Convention, those applicants who suffered inhuman and degrading
treatment in breach of Article 3 of the Convention and those applicants
where the Court has limited its finding to a breach to Article 5 § 1 of the
Convention.
726. The Court found that the applicants Tahir Elçi, Niyazi Çem, Meral
Daniş Beştaş and Hüsniye Ölmez suffered torture, into which the authorities
conducted no investigation, in breach of Article 3 of the Convention
(paragraphs 646 and 649 above). They were also victims of a breach of
Article 5 § 1 of the Convention as their detention by the gendarmes was not
in accordance with a procedure prescribed by law (paragraph 682 above).
Mr Elçi and Mr Çem were held unlawfully for 17 days, and Ms Beştaş and
Ms Ölmez, 24 days. In these circumstances, the Court decides on an
equitable basis that Mr Elçi and Mr Çem should each be awarded EUR
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