Item 22 - Affaire Çakıcı c. Turquie (Requête no 23657/94) Arrêt

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Certified copy in French of the judgment of the European Court of Human Rights in the case of Çakıcı v. Turkey. The Court:

1. Dismisses unanimously the Government’s preliminary objection;
2. Holds unanimously that there has been a violation of Article 2 of the Convention;
3. Holds unanimously that there has been a violation of Article 3 of the Convention in respect of the applicant’s brother;
4. Holds by fourteen votes to three that there has been no violation of Article 3 of the Convention in respect of the applicant;
5. Holds unanimously that there has been a violation of Article 5 of the Convention;
6. Holds by sixteen votes to one that there has been a violation of Article 13 of the Convention;
7. Holds unanimously that there has been no violation of Article 14 of the Convention;
8. Holds unanimously that there has been no violation of Article 18 of the Convention;
9. Holds unanimously
   (a) that the respondent State is to pay the applicant, within three months, the following sums, to be converted into Turkish liras at the rate applicable at the date of settlement:
   (i) 11,534 (eleven thousand five hundred and thirty-four) pounds sterling and 29 (twenty-nine) pence for pecuniary damage to be held by the applicant for his brother’s surviving spouse and heirs;
   (ii) 25,000 (twenty-five thousand) pounds sterling for non-pecuniary damage, which sum is to be held by the applicant for his brother’s heirs, and 2,500 (two thousand five hundred) pounds sterling for non-pecuniary damage in respect of the applicant;
   (b) that simple interest at an annual rate of 7.5% shall be payable from the expiry of the above-mentioned three months until settlement;
10. Holds by twelve votes to five
    (a) that the respondent State is to pay the applicant, within three months, in respect of costs and expenses, 20,000 (twenty thousand) pounds sterling together with any value-added tax that may be chargeable, less 7,000 (seven thousand) French francs to be converted into pounds sterling at the rate applicable at the date of delivery of this judgment;
    (b) that simple interest at an annual rate of 7.5% shall be payable from the expiry of the above-mentioned three months until settlement;
    Dismisses unanimously the remainder of the applicant’s claims for just satisfaction.

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