SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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TRL 2,040,000,000 (Mrs Selçuk) and TRL 4,180,000,000 (Mr Asker). They
also submitted claims in respect of fruit, poplar and other trees in their
gardens, amounting to TRL 2,555,000,000 for Mrs Selçuk and
TRL 1,035,000,000 for Mr Asker. In total, therefore, these claims amounted
to TRL 6,046,650,000 (Mrs Selçuk) and TRL 7,630,000,000 (Mr Asker).
110. The Court notes in particular that the Commission found that the
contents of the applicants’ houses had been destroyed by fire, and that the
applicants had been obliged to leave their village, which must have entailed
some consequential loss.
In the absence of any independent evidence, and making its assessment
on an equitable basis, it awards TRL 4,000,000,000 to Mrs Selçuk and
TRL 5,000,000,000 to Mr Asker.
3. Loss of income
111. The applicants claimed compensation in respect of the loss of their
income from farming and, as regards Mrs Selçuk, from the mill which she
co-owned with three others. They claimed for the period 16 June 1993 to
16 January 1999.
Mrs Selçuk stated her annual income to have been: TRL 90,000,000 from
30 acres of arable land, TRL 40,500,000 from 3 acres of oak groves,
TRL 35,000,000 from 5 acres of orchards and TRL 80,000,000 from her
quarter share of the mill.
Mr Asker stated his annual income to have been: TRL 15,000,000 from
5 acres of arable land and TRL 280,000,000 from 40 acres of orchards.
112. In the absence of independent evidence concerning the size of the
applicants’ landholdings and income, and having regard to equitable
considerations and the approach adopted in the above-mentioned Akdivar
(Article 50) judgment, the Court awards under this head TRL 889,000,000
to Mrs Selçuk and TRL 1,475,000,000 to Mr Asker.
4. Alternative accommodation
113. Each of the applicants claimed the reimbursement of the rent
averaging TRL 3,000,000 per month they paid in Diyarbakır.
114. The Court awards in respect of rent between July 1993 and
March 1998, TRL 171,000,000 to each of the applicants.
5. Summary
115. Thus, in respect of pecuniary damages the Court awards in total
TRL 6,060,000,000 (six thousand and sixty million Turkish liras) to
Mrs Selçuk and TRL 7,646,000,000 (seven thousand six hundred and fortysix million Turkish liras) to Mr Asker.