ERGI JUDGMENT OF 28 JULY 1998 15 The public prosecutor and the police have a duty to investigate crimes reported to them (Article 153), the former deciding whether a prosecution should be initiated, pursuant to Article 148 of the Code of Criminal Procedure. A complainant may appeal against the decision of the public prosecutor not to institute criminal proceedings (Article 165). 49. If the suspected authors of the contested acts are military personnel, they may also be prosecuted for causing extensive damage, endangering human lives or damaging property, if they have not followed orders in conformity with Article 89 of the Military Criminal Code. Proceedings in these circumstances may be initiated by the persons concerned (non-military) before the relevant authority under the Code of Criminal Procedure, or before the suspected persons’ hierarchical superior (sections 93 and 95 of Law no. 353 on the Constitution and Procedure of Military Courts). 50. If the alleged author of a crime is a State official or civil servant, permission to prosecute must be obtained from local administrative councils (the Executive Committee of the Provincial Assembly). The local council decisions may be appealed to the Supreme Administrative Court; a refusal to prosecute is subject to an automatic appeal of this kind. 51. Proceedings may be brought against the administration before the administrative courts in respect of fault committed in the performance of official duties. Other illegal acts or omissions by civil servants, be it a crime or a tort, which result in material or moral damage may be the subject of a claim for compensation before the ordinary civil courts. 52. Damage caused by terrorist violence may be compensated out of the Aid and Social Solidarity Fund. 53. The applicant’s representatives have previously pointed to certain legal provisions which in themselves weaken the protection of the individual which might otherwise have been afforded by the above general scheme. PROCEEDINGS BEFORE THE COMMISSION 54. In his application (no. 23818/94) to the Commission introduced on 25 March 1994 Mr Ergi, relying on Articles 2, 8, 13, 14 and 18 of the Convention, complained of the unlawful killing of his sister by soldiers. 55. The Commission declared the application admissible on 2 March 1995. In its report of 20 May 1997 (Article 31), it decided to pursue its examination of the application (unanimously) and expressed the opinion that there had been a violation of Article 2 on account of the planning and