KURT JUDGMENT OF 25 MAY 1998
45
8. Holds unanimously that there has been no violation of Article 14 of the
Convention taken together with Articles 2, 3 and 5 of the Convention;
9. Holds unanimously that there has been no violation of Article 18 of the
Convention;
10. Holds by six votes to three that the respondent State has failed to comply
with its obligations under Article 25 § 1 of the Convention;
11. Holds by eight votes to one
(a) that the respondent State is to pay the applicant in respect of her son,
within three months, by way of compensation for non-pecuniary
damage, 15,000 (fifteen thousand) pounds sterling to be converted into
Turkish liras at the rate applicable on the date of settlement, which sum
is to be held by the applicant for her son and his heirs;
(b) that the respondent State is to pay the applicant, within three months,
in respect of compensation for non-pecuniary damage, 10,000 (ten
thousand) pounds sterling to be converted into Turkish liras at the rate
applicable on the date of settlement;
(c) that simple interest at an annual rate of 8% shall be payable on these
sums from the expiry of the above-mentioned three months until
settlement;
12. Holds by eight votes to one
(a) that the respondent State is to pay the applicant, within three months,
in respect of costs and expenses, 15,000 (fifteen thousand) pounds
sterling together with any value-added tax that may be chargeable, less
27,763 (twenty-seven thousand seven hundred and sixty-three)
French francs to be converted into pounds sterling at the rate applicable
on the date of judgment;
(b) that simple interest at an annual rate of 8% shall be payable on that
sum from the expiry of the above-mentioned three months until
settlement;
13. Dismisses unanimously the remainder of the applicant’s claim for just
satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 25 May 1998.
Signed: Rudolf BERNHARDT
President
Signed: Herbert PETZOLD
Registrar