26
İLHAN v. TURKEY JUDGMENT
importance of an adequate follow-up by the public prosecutor in
ascertaining the cause and extent of Abdüllatif İlhan's injuries.
103. For these reasons, no effective criminal investigation can be
considered to have been conducted in accordance with Article 13. The Court
finds, therefore, that no effective remedy has been provided in respect of
Abdüllatif İlhan's injuries, and thereby access to any other available
remedies, including a claim for compensation, has also been denied.
Consequently, there has been a violation of Article 13 of the Convention.
VI. ALLEGED PRACTICE BY THE AUTHORITIES OF INFRINGING
ARTICLES 2, 3 AND 13 OF THE CONVENTION
104. The applicant maintained that there existed in Turkey an officially
tolerated practice of inadequate and ineffective investigations into unlawful
attacks, killings and serious ill-treatment, in violation of Articles 2, 3 and 13
of the Convention. He referred to other cases concerning events in southeast Turkey in which the Commission and the Court had also found
breaches of these provisions.
105. Having regard to its findings under Articles 2, 3 and 13 above, the
Court does not find it necessary to determine whether the failings identified
in this case are part of a practice adopted by the authorities.
VII. APPLICATION OF ARTICLE 41 OF THE CONVENTION
106. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Pecuniary damage
107. The applicant submitted that as a result of his injuries
Abdüllatif İlhan had, to date, incurred medical expenses of 8,000,000,000
Turkish liras (TRL), assessed at 1999 values. He also claimed future
medical expenses, on the basis of medical advice, totalling TRL
7,000,000,000. This represented 9,708.94 and 8,495.33 pounds sterling
(GBP) respectively.
The applicant also submitted that prior to the incident in issue Abdüllatif
İlhan had been a farmer who had owned sheep, goats and vines. Due to his
injuries, he had had to leave his village, sell off his livestock quickly to pay
for his medical expenses and was rendered permanently unable to resume
his previous occupation. Taking into account that he was aged 36 at the time