GÜLEÇ JUDGMENT OF 27 JULY 1998
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88. The Court notes that the applicant has not proved that he suffered the
pecuniary loss he alleged. Accordingly, it is not appropriate to award
compensation. As to non-pecuniary damage, it notes that the applicant’s son
died during a violent demonstration. However, having regard to the finding
of a breach of Article 2, on account of the use of disproportionate force by
the agents of the State and the shortcomings of the investigation into the
death, the Court awards the applicant FRF 50,000.
B. Costs and expenses
89. The applicant claimed FRF 238,000 for the costs and expenses he
had incurred before the Convention institutions. The case had required
lengthy, complex work. In addition, having commenced in 1991, it was still
not concluded in Turkey. Long days of work had been spent on the hearings
of witnesses in Ankara and Strasbourg. Three representatives and four
advisers had accompanied Mr Kaplan throughout the proceedings before the
Commission and the Court. The sum claimed was therefore reasonable.
90. The Government considered that these costs should be borne by the
applicant, as there had been no violation of the Convention in the present
case. If the Court should decide to the contrary, no costs should be awarded,
as an itemised bill had not been presented.
91. The Delegate of the Commission made no comment.
92. The Court notes that the applicant obtained legal aid before the
Commission (FRF 20,348) and later before the Court (FRF 16,351). Making
an assessment on an equitable basis, the Court awards the applicant
FRF 10,000, together with any value-added tax that may be chargeable.
C. Default interest
93. The Court deems it appropriate to adopt the statutory rate of interest
applicable in France at the date of adoption of the present judgment, which
is 3.36% per annum.