SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998 ii SUMMARY1 Judgment delivered by a Chamber Turkey – alleged burning of houses by security forces in south-east Turkey I. ESTABLISHMENT OF THE FACTS Court, in line with constant case-law, accepts facts as found by Commission – established that security forces responsible for burning of applicants’ property. II. GOVERNMENT’S PRELIMINARY OBJECTIONS A. Non-validity of applications No cause to doubt applications to Commission were valid and genuine. Conclusion: objection dismissed (unanimously). B. Non-exhaustion of domestic remedies Existence of effective and accessible domestic remedies for complaints such as applicants’ not demonstrated with sufficient certainty – although second applicant presented petition of complaint to District Governor, no investigation opened until communication of applications by Commission to Government – special circumstances existed which dispensed applicants from obligation to exhaust domestic remedies. Conclusion: objection dismissed (eight votes to one). III. MERITS A. Article 3 of the Convention In view of manner in which applicants’ homes destroyed and their personal circumstances, they must have been caused suffering of sufficient severity for acts of security forces to be categorised as inhuman treatment. Conclusion: violation (eight votes to one). B. Articles 2 and 5 § 1 of the Convention Claims not pursued. Conclusion: not necessary to examine (unanimously). 1. This summary by the registry does not bind the Court.