Item 21 - Case of Ergi v. Turkey (66/1997/850/1057), Judgment

37pp

Published judgment in the Muharrem Ergi case (A44/43/1/29). On 28 July 1998, the European Court of Human Rights ruled unanimously that it had not been established that the applicant’s sister was killed by the security forces in breach of Article 2 of the European Convention on Human Rights, nor had there been violations of Articles 14 and 18, but that there had been a violation of Article 2 on account of the planning and conduct of the security forces’ operation and in respect of the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of Havva Ergi. The Court also ruled 8 votes to 1 that there had been violations of Articles 13 and 25 § 1. The Government were ordered to pay Muharrem Ergi £1,000 sterling in non-pecuniary damages and £12,000 sterling (less 9,995 French francs received in legal aid) in legal costs and expenses. Havva Ergi’s daughter was awarded £5,000 in non-pecuniary damages. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58200. (2 copies)

• English