KURT JUDGMENT
48
DISSENTING OPINION OF JUDGE GÖLCÜKLÜ
(Translation)
I agree entirely with the dissenting opinion of Judge Matscher in this
case of Kurt v. Turkey except for the final paragraph concerning Article 13.
As regards that Article, I voted in favour of finding no violation because
the facts alleged were not proved beyond all reasonable doubt and, in
addition, since the applicant’s complaints under Article 13 were that there
had been no satisfactory and efficient investigation into the allegation
concerning her son’s disappearance, no separate question arose under that
Article. In that regard I refer for further details to my dissenting opinion in
the case of Kaya v. Turkey (judgment of 19 February 1998, Reports of
Judgments and Decisions 1998-I).
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