Sub-sub-series 2 - Abdurrahman Akdivar and others

4 files

Materials pertaining to the case filed by 8 Kurdish citizens of Turkey ('Akdivar and others', referred to early in the case as 'Akduvar and others', which became a point of contention during the proceedings; the lead applicant and family used the latter spelling in their daily life but their legal identification used the former) against the Republic of Turkey with the European Commission of Human Rights (application number 21893/93, later given case number 99/1995/605/693, referred to internally within the Kurdish Litigation Project as Case 25) over the destruction of 9 houses and their contents in the village of Kelekçi (Kelkom), Dicle District, Diyarbakır Province on 10 November 1992. Following this destruction, the residents of Kelekçi fled the village, and more than 90 percent of the village's houses were subsequently destroyed. The destruction of the village was held by the applicants to be in response for refusing to take part in the Village Guard system as part of the Turkish-Kurdish conflict. Applicants included Abdurrahman Akdivar, Ahmet Akdivar, Ali Akdivar, Zülfükar Çiçek, Ahmet Çiçek, Abdurrahman Aktaş, and Mehmet Karabulut. Hüseyin Akdivar, elected mayor of Kelekçi, was also introduced as an applicant but the Commission decided not to proceed with this application following his oral testimony in which he stated that his signature on a power of attorney form was not his and that he did not wish to make an application. The European Court of Human Rights ruled in favour of the applicants on 16 September 1996 with regard to compensation for costs and expenses, and ruled that the destruction of the houses constituted a violation of Article 8 of the European Convention on Human Rights and Article 1 of Protocol No. 1, but ruled against the applicants on other points with regard to violations of Articles 14 and 18. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58062. Also included are materials pertaining to later judgment on the case with regards to Article 50 of the Convention (just satisfaction) made on 1 April 1998; this judgment is also available for viewing at https://hudoc.echr.coe.int/?i=001-58152
Further materials pertaining to procedures under Article 25 (Plenary Court) and Article 50 are located at A44/43/62.