ERGI JUDGMENT OF 28 JULY 1998
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State failed to comply with its obligations under this provision. There has
thus been a violation of Article 25 § 1 of the Convention.
II. APPLICATION OF ARTICLE 50 OF THE CONVENTION
106. In respect of the death of Havva Ergi, the applicant claimed
compensation under Article 50 of the Convention, which reads:
“If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party.”
A. Non-pecuniary damage
107. The applicant submitted that he, his deceased sister and the latter’s
daughter had been the victims both of individual violations and of a practice
of such violations. He claimed 30,000 pounds sterling (GBP) in
compensation for non-pecuniary damage. In addition, he sought GBP
10,000 for aggravated damages resulting from the existence of a practice of
violation of Article 2 and of a denial of effective remedies in south-east
Turkey in aggravated violation of Article 13.
108. The Government considered the amount of the claim to be
excessive. In this connection they invited the Court to take due account of
the social and economic conditions prevailing in Turkey, where the
minimum wage was approximately 600 French francs (FRF) per month and
that of a judge at the end of his career FRF 4,700 per month. They further
disputed that an award should be made in respect of the niece, who was not
an applicant and had not taken part in the proceedings.
109. The Delegate of the Commission did not offer any comments on
the applicant’s claims.
110. The Court observes from the outset that the initial application to the
Commission was brought by the applicant not only on his own and his
sister’s behalf but also on behalf of his niece, Havva Ergi’s daughter. The
Court considers that they must have suffered non-pecuniary damage which
cannot be compensated solely by the findings of violations. Having regard
to the gravity of the violations (see paragraphs 86 and 98 above) and to
equitable considerations, it awards the applicant GBP 1,000 and Havva
Ergi’s daughter GBP 5,000, which amount is to be paid to the applicant’s
niece or her guardian to be held on her behalf.
111. On the other hand, it dismisses the claim for aggravated damages.