SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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92. The Court notes that, for the reasons set out above (see
paragraph 70), the applicants did not attempt to make any application to the
national courts. It is therefore impossible to determine whether the Turkish
courts would have been able to adjudicate on the applicants’ claims had they
initiated proceedings.
In any event, the Court observes that the applicants complained
essentially of the lack of a proper investigation into their allegation that the
security forces had purposely destroyed their houses and possessions. It
therefore finds it appropriate to examine this complaint in relation to the
more general obligation on States under Article 13 to provide an effective
remedy in respect of alleged violations of the Convention (see, mutatis
mutandis, the above-mentioned Menteş and Others judgment, pp. 2714–15,
§§ 86–88). It therefore does not find it necessary to determine whether there
has been a violation of Article 6 § 1.
2.
Article 13 of the Convention
93. In their pleadings to the Court, the Government addressed the
complaints under Articles 6 § 1 and 13 together: their arguments are
summarised in paragraph 89 above.
94. The applicants submitted that the obligation of the State under
Article 13 to grant an effective remedy, where the acts in violation of the
Convention are of a serious criminal nature, must entail the provision of an
independent and effective investigative mechanism which could lead to the
prosecution and punishment of those responsible. This had clearly not been
provided in their case: although they had been able to identify CO Cömert
as the perpetrator, the latter told the Commission’s delegates that he had not
hitherto been asked any questions about the events in İslamköy.
95. The Commission reported that, despite repeated requests to see the
investigation file, only a few documents had been provided to it, from
which it appeared that the investigation commenced in May 1994 (see
paragraphs 21–25 above) had been limited and inconclusive. Inquiries had
been confined to taking statements from the applicants and asking the
gendarmerie if an operation had taken place in the village on 16 June 1993,
and no steps had been taken to question the alleged perpetrators of the
burnings or other villagers who might have witnessed events. The
investigation had concluded on 30 November 1994 with a decision of lack
of jurisdiction, the text of which the Commission found to be “remarkable”
since its description of the case as concerning allegations of damage to
property occurring in the winter months of 1993 during a clash between
security forces and PKK terrorists bore little relation to the applicants’
complaints. The Commission had not been informed of any outcome of the
proceedings before the Administrative Council following this transfer of
jurisdiction.