ELCI AND OTHERS v. TURKEY JUDGMENT 128 identification and punishment of those responsible for any ill-treatment and permitting effective access for the complainant to the investigatory procedure (see the Aksoy judgment ...). Whether it is appropriate or necessary to find a procedural breach of Article 3 will therefore depend on the circumstances of the particular case.” In the Ilhan case itself, the Court found that the applicant had suffered torture at the hands of the security forces and that his complaints concerning the lack of any effective investigation by the authorities into the causes of his injuries fell to be dealt with under Article 13, rather than Article 3, of the Convention. I consider that similar reasoning applies in the circumstances of the present cases, where the Court has likewise found a substantive violation of the Article 3 rights of nine of the applicants, and that the applicants' complaints concerning the lack of an effective official investigation into their allegations of ill-treatment would have been more appropriately examined under Article 13 of the Convention. Since, however, Article 13 was not expressly invoked by the applicants and since I fully share the view of the Court not only that the complaints of the applicants gave rise to an arguable claim of ill-treatment which required to be investigated, but that there was a total failure of the judicial authorities to carry out any such investigation, I have joined in the finding of a violation of Article 3 of the Convention in this regard.