SELÇUK AND ASKER JUDGMENT
31
DISSENTING OPINION OF JUDGE GÖLCÜKLÜ
(Translation)
I consider that in this case as in other similar cases concerning Turkey –
like the Akdivar and Others case – the applicants have not exhausted
existing domestic remedies and that those remedies are effective and
sufficient. In that connection, I refer to my dissenting opinion in the
principal judgment in the Akdivar and Others v. Turkey case. I wish to add
another recent administrative court judgment as one more example of the
existence of domestic remedies: the Van Administrative Court awarded
compensation to Mr Nizamettin Ağırtmış, whose house was burned by the
military when it was abandoned during the evacuation of the village of
Konalga, in the district of Bitlis in south-east Turkey, on 8 November 1991.
The judgment in question makes it clear that the complainant’s house was
burned by soldiers after the evacuation of the village (Van Administrative
Court, file no. 1993/427, decision no. 1996/771 of 27 December 1996).
The above considerations make it unnecessary for me to consider this
case from the standpoint of the Convention’s other provisions.