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Observations on the Aytekin case submitted by the Turkish Government to the European Court of Human Rights on 24 April 1998 alongside the government's memorial (A44/43/1/15/9/1) and annexes (A44/43/1/15/10). The Government reiterate their previous observations and arguments, and state that the annexed documents show that the Government is pursuing the prosecution of the soldier who killed Ali Rıza Aytekin. The observations include a list of the annexed documents.

Memorial of the Turkish Government (received 24 April 1998, published 26 May 1998) in the Aytekin case submitted to the European Court of Human Rights, rejecting all claims that various articles of the European Convention on Human Rights were violated, requesting the court to declare that the application was before without domestic remedies having been exhausted, and noting that the complaint in respect of Article 13 of the European Convention on Human Rights was submitted after the stated deadline.

Response of the Turkish Government to the applicant's claims for just satisfaction under Article 50 of the European Convention on Human Rights in the Aytekin case. The Government requests the Court to dismiss all claims on the grounds that there is no substantiated violation and that the claims consist of unnecessary, excessive, and unverified expenses.

Published judgment in the Hüseyin and Devrim Berktay case (A44/43/1/16). On 1 March 2001, the European Court of Human Rights ruled that there had been a violation of Article 3 of the European Convention on Human Rights with regards to Devrim Berktay but not to Hüseyin Berktay (unanimous), and that there had been violations of Article 5 with regards to Devrim Berktay (6 votes to 1) and Article 13 (unanimous). Devrim Berktay was awarded £55,000 sterling in bodily and non-pecuniary damages, while Hüseyin Berktay was awarded £2,500 sterling in non-pecuniary damages. The applicants were also awarded £12,000 in costs and expenses (less 26,636 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-63825

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.

36pp

Published judgment in the Mahmut Demir case (A44/43/124). Includes published version and web printout version. On 5 December 2002, a friendly settlement was reached in which the Turkish Government paid Demir and Yaşa £116,000 sterling and £89,000 sterling in damages, respectively, and declared ‘that the occurrence of deaths and of grievous injury in the present case and the inadequate investigations that followed constituted a violation of Articles 2 and 13 of the Convention.’ The full judgment (in French) is available for viewing at https://hudoc.echr.coe.int/eng?i=001-65367. On 5 December 2002, a friendly settlement was reached in which the Turkish Government paid Demir and Yaşa £116,000 sterling and £89,000 sterling in damages, respectively, and declared ‘that the occurrence of deaths and of grievous injury in the present case and the inadequate investigations that followed constituted a violation of Articles 2 and 13 of the Convention.’ The full judgment (in French) is available for viewing at https://hudoc.echr.coe.int/eng?i=001-65367

Published judgment in the Azize Menteş and others case (A44/43/1/46). On 28 November 1997, the European Court of Human Rights dismissed by 15 votes to 6 the preliminary objection concerning the exhaustion of domestic remedies; held by 16 votes to 5 that there had been a violation of Articles 8 and 13 of the European Convention on Human Rights with respect to the first three applicants; held unanimously that there had been no violation of Articles 14 and 18 of the Convention with respect to the first three applicants; and held unanimously that there had been no violation of Articles 2, 3, 5, 6, 8, 13, 14 and 18 of the Convention with regard to Sariye Uvat. Includes the original bilingual certified copy and a reference photocopy of the English version of the judgment. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58120

Published judgment in the Gurbetelli Ersöz and others (Özgür Gündem) case (A44/43/1/30). On 16 March 2000, the European Court of Human Rights ruled unanimously that there had been a violation of Article 10 of the European Convention on Human Rights, but not of Article 14. The Government were ordered to pay Ülkem Basın ve Yayıncılık Sanayı Ticaret Ltd 9,000,000,000 Turkish lira, was ordered to pay Çetin and Kaya £5,000 sterling each in non-pecuniary damages, and was ordered to pay the applicants £16,000 sterling in costs and expenses (less 9,195 French francs received in legal aid). The full judgment is available for viewing in English at https://hudoc.echr.coe.int/eng?i=001-58508

Published judgment (including the published version and web printout version) in the Sultan Sabuktekin case (A44/43/1/50). On 4 March 2005, the European Court of Human Rights ruled that it had not been established that violations of the European Convention on Human Rights had occurred. The full judgment is available for viewing in English at https://hudoc.echr.coe.int/?i=001-60310