ÇAKICI v. TURKEY JUDGMENT
17
file to the Administrative Council. These councils are made up of civil
servants, chaired by the governor. A decision by the Council not to
prosecute is subject to an automatic appeal to the Supreme Administrative
Court. Once a decision to prosecute has been taken, it is for the public
prosecutor to investigate the case.
PROCEEDINGS BEFORE THE COMMISSION
68. Mr İzzet Çakıcı applied to the Commission on 2 May 1994. He
alleged that his brother Ahmet Çakıcı had been taken into custody by the
security forces and had since disappeared and that these events had not been
adequately investigated by the authorities. He relied on Articles 2, 3, 5, 13,
14 and 18 of the Convention.
69. The Commission declared the application (no. 23657/94) admissible
on 15 May 1995. In its report of 12 March 1998 (former Article 31 of the
Convention), it expressed the opinion that there had been a violation of
Article 2 in respect of the disappearance of the applicant’s brother
(unanimously); that there had been a violation of Article 3 in respect of the
applicant’s brother (unanimously); that there had been a violation of Article
5 in respect of the disappearance of the applicant’s brother (unanimously);
that there had been a violation of Article 3 in respect of the applicant (by
twenty-seven votes to three); that there had been a violation of Article 13
(unanimously); and that there had been no violation of Articles 14 and 18 of
the Convention (unanimously). The full text of the Commission’s opinion
and of the partly dissenting opinion contained in the report is reproduced as
an annex to this judgment1.
FINAL SUBMISSIONS TO THE COURT
70. The applicant requested the Court in his memorial to find that the
respondent State was in violation of Articles 2, 3, 5, 13, 14 and 18 of the
Convention and that it had not fulfilled its obligations under former
Article 28 § 1 (a). He requested the Court to award him and his brother’s
wife and heirs just satisfaction under Article 41.
71. The Government, for their part, requested the Court in their
memorial to reject the case as inadmissible on account of the applicant’s
1. Note by the Registry. For practical reasons this annex will appear only with the final
printed version of the judgment (in the official reports of selected judgments and decisions
of the Court), but a copy of the Commission’s report is obtainable from the Registry.