SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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87. It follows that the Court finds violations of Article 8 of the
Convention and Article 1 of Protocol No. 1.
D. Alleged violations of Articles 6 § 1 and 13 of the Convention
88. The applicants complained that they had been denied any effective
remedy by which to challenge the destruction of their homes and
possessions by the security forces and to seek compensation. This, they
argued, gave rise to violations both of their rights of access to a court under
Article 6 § 1 of the Convention which, in so far as is relevant, provides:
“In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable time
by an independent and impartial tribunal established by law…”
and their rights to an effective remedy under Article 13 of the Convention,
which reads:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
1.
Article 6 § 1 of the Convention
89. The Government accepted that the criminal investigation into the
applicants’ complaints had met with some setbacks, which might, however,
have been avoided had the applicants contacted the public prosecutor
immediately, when the evidence was clear and free of any doubt.
Nonetheless, they maintained that, had the applicants commenced civil
proceedings, they would have enjoyed effective access to a court; in this
connection they referred once more to the Ağırtmış case (see paragraph 62
above).
90. The applicants contended that the failure of the authorities to
conduct any thorough investigation into the burnings in İslamköy operated
to deny them effective access to a court, since without such an investigation
there was no chance of success in civil proceedings.
91. The Commission considered that the applicants did not have
effective access to a tribunal that could have determined their civil rights,
since it was unrealistic to expect villagers to pursue theoretical civil or
administrative remedies in respect of allegations against security forces in
the emergency region in the absence of any positive findings of fact by the
State investigatory mechanism.