KURT JUDGMENT OF 25 MAY 1998
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172. The Delegate of the Commission made no submissions on the
amount claimed by the applicant.
173. The Government maintained that the applicant had not
substantiated her allegations concerning either her son’s disappearance or
the existence of a practice of violations of the Convention in south-east
Turkey. Furthermore, there was no causal link between her son’s
disappearance and her own alleged suffering. For these reasons they
requested the Court to reject her exorbitant and unjustified demands for
compensation.
174. The Court recalls that it has found the respondent State in breach of
Article 5 in respect of the applicant’s son. It considers that an award of
compensation should be made in his favour having regard to the gravity of
the breach in question. It awards the sum of GBP 15,000, which amount is
to be paid to the applicant and held by her for her son and his heirs.
175. Moreover, given that the authorities have not assisted the applicant
in her search for the truth about the whereabouts of her son, which has led it
to find a breach of Articles 3 and 13 in her respect, the Court considers that
an award of compensation is also justified in her favour. It accordingly
awards the applicant the sum of GBP 10,000.
B. Costs and expenses
176. The applicant claimed a total amount of GBP 25,453.44 in respect
of costs and expenses incurred in advancing her and her son’s rights before
the Convention institutions. She provided the Court with the following
specifications: professional fees of her United Kingdom-based lawyers
(GBP 19,285.42); professional fees claimed by her Turkish lawyers
(GBP 825); administrative expenses (GBP 70.22); administrative costs
incurred in Turkey (GBP 1,050); research and administrative support
provided by the Kurdistan Human Rights Project (“KHRP”) (GBP 2,400);
postage, telecommunications and other expenses incurred by the KHRP
(GBP 635); interpretation and translation costs of the KHRP (GBP 690);
interpreters’ costs for attendance at the delegates’ hearing (GBP 275.60);
her Turkish lawyer’s costs for attending the delegates’ hearing
(GBP 122.20); and reports and research costs (GBP 100).
177. The Delegate of the Commission did not offer any comments on
the claim.
178. The Government firmly disputed their liability to reimburse the
applicant. In the first place, the Diyarbakır Human Rights Association had
been instrumental in circumventing the domestic legal system and in
denying the domestic courts the opportunity to adjudicate on the applicant’s
grievances. Secondly, the involvement of non-Turkish lawyers in the
Convention proceedings had not been justified and only served to inflate the
costs of the case.