ELCI AND OTHERS v. TURKEY JUDGMENT
126
(xiv) to Hüsniye Ölmez, EUR 1,720 (one thousand seven hundred
and twenty euros) in respect of pecuniary damage and EUR 36,000
(thirty six thousand euros) for non-pecuniary damage;
(xv) to İmam Şahin, EUR 1,420 (one thousand four hundred and
twenty euros) in respect of pecuniary damage and EUR 4,200 (four
thousand two hundred euros) for non-pecuniary damage; and
(xvi) to Arzu Şahin, EUR 1,420 (one thousand four hundred and
twenty euros) in respect of pecuniary damage and EUR 4,200 (four
thousand two hundred euros) for non-pecuniary damage;
(b) that the respondent State is to pay within the same three month
period, EUR 46,240 (forty six thousand two hundred and forty euros) in
respect of costs and expenses;
(c) that to the above amounts under (a) and (b), is to be added the
payment of any tax that may be chargeable;
(d) that all the above sums under (a), (b) and (c) are to be converted into
pounds sterling at the rate applicable at the date of settlement, and paid
into the bank account indicated in the applicants' just satisfaction claim;
(e) that from the expiry of the aforementioned three months until
settlement simple interest shall be payable on the above amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points;
8. Dismisses, unanimously, the remainder of the applicants' claim for
just satisfaction.
Done in English, and notified in writing on 13 November 2003, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Michael O'BOYLE
Registrar
Nicolas BRATZA
President
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of
the Rules of Court, the following separate opinions are annexed to this
judgment:
(a) the partly concurring opinion of Sir Nicolas Bratza; and
(b) the partly dissenting opinion of Mr Gölcüklü
N.B.
M.O.B.
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