SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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82. In these circumstances, the Court does not find it necessary to
consider these complaints.
C. Alleged violations of Article 8 of the Convention and Article 1 of
Protocol No. 1
83. The applicants maintained that the destruction of their homes and of
Mrs Selçuk’s mill by the security forces, and their expulsion from the
village, constituted violations both of Article 8 of the Convention, which
reads:
“1. Everyone has the right to respect for his private and family life, his home and
his correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
and of Article 1 of Protocol No. 1, which provides:
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State
to enforce such laws as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other contributions or
penalties.”
84. The Government denied that there had been any violation of these
provisions, on the same grounds as those advanced in connection with
Article 3 (see paragraph 73 above).
85. The Commission found that there had been a breach of these
Articles.
86. The Court recalls that it finds it established that security forces
deliberately destroyed the applicants’ homes and household property, and
the mill partly owned by Mrs Selçuk, obliging them to leave İslamköy (see
paragraph 77 above). There can be no doubt that these acts, in addition to
giving rise to violations of Article 3, constituted particularly grave and
unjustified interferences with the applicants’ rights to respect for their
private and family lives and homes, and to the peaceful enjoyment of their
possessions.