Bound copy of English translations of the annexes/appendices of Memorial of the Turkish Government prepared by the European Court of Human Rights. The documents include the witness statements of both the Aytekin family and the gendarmerie as well as the proceedings in Batman Criminal Court against Private Tuncay Deniz as a result of Ali Rıza Aytekin's death. The documents date from 24 April 1993 (the date of the incident) to 20 June 1996, the most recently submitted document covering proceedings in Batman.
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.
Official verbatim record of the hearing held in Strasbourg on 29 June 1998 in the Aytekin case published by the European Court of Human Rights.
Published judgment in the İhsan Bilgin case (A44/43/1/17). On 16 November 2000, the European Court of Human Rights unanimously ruled that there had been violations of Articles 3, 8, 13, and Article 1 of Protocol No. 1 of the European Convention on Human Rights. The Turkish Government was ordered to pay Bilgin £12,000 sterling in pecuniary damages, £10,000 sterling in non-pecuniary damages, and £21,000 sterling in legal costs and expenses (less 13,445 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58987
Printout of the web version of the published judgment in the Buldan case issued by the European Court of Human Rights. The Court unanimously ruled that there had been a violation of Article 2 of the European Convention on Human Rights with regard to the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of the applicant's brother, but not with regards to the applicant's allegation that his brother was killed in circumstances engaging the responsibility of agents of the respondent State, or with regards to the applicant himself. The Court also ruled that a violation of Article 13 had occurred, but not of Articles 13 or 14. The widow and two children of Savaş Buldan were awarded €10,000 in non-pecuniary damages, and Nejdet Buldan was awarded €6,000 in pecuniary damages and €10,000 in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-61711
Published judgment in the Nejdet Buldan case (A44/43/1/19). On 20 April 2004, the European Court of Human Rights unanimously ruled that there had been a violation of Article 2 of the European Convention on Human Rights with regard to the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of the applicant's brother, but not with regards to the applicant's allegation that his brother was killed in circumstances engaging the responsibility of agents of the respondent State, or with regards to the applicant himself. The Court also ruled that a violation of Article 13 had occurred, but not of Articles 13 or 14. The widow and two children of Savaş Buldan were awarded €10,000 in non-pecuniary damages, and Nejdet Buldan was awarded €6,000 in pecuniary damages and €10,000 in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-61711
Published judgment in the İzzet Çakıcı case (A44/43/1/20). On 8 July 1999, the European Court of Human Rights ruled unanimously that there has been a violation of Article 2 of the European Convention on Human Rights; ruled unanimously that there has been a violation of Article 3 in respect of the applicant’s brother; ruled by 14 votes to 3 that there had been no violation of Article 3 in respect of the applicant; ruled unanimously that there had been a violation of Article 5; ruled by 16 votes to 1 that there had been a violation of Article 13; ruled unanimously that there has been no violation of Article 14; and ruled unanimously that there had been no violation of Article 18. The Government were ordered to pay Ahmet Çakıcı’s spouse and heirs £11,239.11 sterling in pecuniary damages and £25,000 sterling in non-pecuniary damages. İzzet Çakıcı was awarded £2,500 in non-pecuniary damages and £20,000 (less 7,000 French francs received in legal aid) in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58282
English copy of the judgment of the European Court of Human Rights in the case of Çakıcı v. Turkey. The Court:
- Dismisses unanimously the Government’s preliminary objection;
- Holds unanimously that there has been a violation of Article 2 of the Convention;
- Holds unanimously that there has been a violation of Article 3 of the Convention in respect of the applicant’s brother;
- Holds by fourteen votes to three that there has been no violation of Article 3 of the Convention in respect of the applicant;
- Holds unanimously that there has been a violation of Article 5 of the Convention;
- Holds by sixteen votes to one that there has been a violation of Article 13 of the Convention;
- Holds unanimously that there has been no violation of Article 14 of the Convention;
- Holds unanimously that there has been no violation of Article 18 of the Convention;
- 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; - 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.
Case of Christopher Ormsby, with Lord Dillon and Richard Nagle's opinion on it.
Published judgment in the Zübeyde Dulaş case (A44/32/1/25). On 30 January 2001, the European Court of Human Rights unanimously ruled that violations of Articles 3, 8, and Article 1 of Protocol No. 1 of the European Convention on Human Rights had occurred, ruled 6 votes to 1 that a violation of Article 13 had occurred, and ruled unanimously that the Government failed to comply with its obligations under former Article 25 § 1 of the Convention. The Government were ordered to pay Zübeyde Dulaş £12,600 sterling in pecuniary damages, £10,000 sterling in non-pecuniary damages, and £14,900 sterling (less 7,500 French francs received in legal aid) in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-59161