KURT JUDGMENT OF 25 MAY 1998
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authorities to conduct investigations into victim’s grievances. Having regard
to the centrality of the public prosecutor’s role in the operation of the
system of remedies as a whole it could only be concluded that remedies
were wholly ineffective in south-east Turkey and that this result was
condoned by the authorities.
167. The Government rejected the applicant’s claim.
168. The Commission, for its part, found that it was unnecessary to
decide whether or not there was a practice of unacknowledged detention in
the respondent State as maintained by the applicant. As to the alleged
practice of ineffective remedies, the Delegate informed the Court that the
Commission had also found it unnecessary to examine this complaint in
reaching its admissibility decision.
169. The Court recalls that it has rejected the applicant’s complaints that
there exists a practice of violation of Articles 2 and 3 of the Convention,
being of the view that she had not substantiated her allegations (see
paragraphs 108 and 116 above). It is not persuaded either that the evidence
which she has adduced substantiates her allegations as to the existence of a
practice of violation of either Article 5 or Article 13 of the Convention.
X. APPLICATION OF ARTICLE 50 OF THE CONVENTION
170. The applicant claimed compensation for non-pecuniary damage as
well as reimbursement of costs and expenses under Article 50 of the
Convention, which provides:
“If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party.”
A. Non-pecuniary damage
171. The applicant maintained that both she and her son had been
victims of specific violations of the Convention as well as a practice of such
violations. She requested the Court to award a total amount of
70,000 pounds sterling (GBP) which she justified as follows: GBP 30,000
for her son in respect of his disappearance and the absence of safeguards
and effective investigative mechanisms in that regard; GBP 10,000 for
herself to compensate for the suffering to which she had been subjected on
account of her son’s disappearance and the denial of an effective remedy
with respect to his disappearance; and GBP 30,000 to compensate both of
them on account of the fact that they were victims of a practice of
“disappearances” in south-east Turkey.