Original published judgment in the Abdurrazak İkincisoy and Halil İkincisoy case (A44/43/1/36). On 27 July 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 regarding Mehmet Şah İkincisoy's death the failure to conduct an effective investigations into its circumstances; that there had been violations of Articles 5 § 3, 5 § 4, 5 § 5 with regards to Halil İkincisoy; that there had been a violation of Article 13, and that Turkey failed to comply with its obligations under former Article 25 § 1. The Court unanimously ruled: that there had not been violations of Article 5 §§ 1, 3, 4 and 5 of the Convention with regard to Abdurrazak İkincisoy; no violations of Article 5 §§ 1 with regard to Halil İkincisoy; and no violations of Article 3, 8, 9, and 14. The Turkish Government were ordered to pay Mehmet Şah İkincisoy’s heirs €25,000 in pecuniary damages, €3,500 to Abdurrazak İkincisoy in non-pecuniary damages, €7,500 to Halil İkincisoy in non-pecuniary damages, and €15,000 in legal costs and expenses. The full judgment, corrected on 15 March 2005 (see A44/43/3/1/27) is available for viewing at https://hudoc.echr.coe.int/?i=001-61940
Corrected published judgment (this version was rectified under Rule 81 of the Rules of the Court) in the Abdurrazak İkincisoy and Halil İkincisoy case (A44/43/1/36). On 27 July 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 regarding Mehmet Şah İkincisoy's death the failure to conduct an effective investigations into its circumstances; that there had been violations of Articles 5 § 3, 5 § 4, 5 § 5 with regards to Halil İkincisoy; that there had been a violation of Article 13, and that Turkey failed to comply with its obligations under former Article 25 § 1. The Court unanimously ruled: that there had not been violations of Article 5 §§ 1, 3, 4 and 5 of the Convention with regard to Abdurrazak İkincisoy; no violations of Article 5 §§ 1 with regard to Halil İkincisoy; and no violations of Article 3, 8, 9, and 14. The Turkish Government were ordered to pay Mehmet Şah İkincisoy’s heirs €25,000 in pecuniary damages, €3,500 to Abdurrazak İkincisoy in non-pecuniary damages, €7,500 to Halil İkincisoy in non-pecuniary damages, and €15,000 in legal costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-61940
Published judgment of the European Court of Human Rights in the Nasır İlhan case. The Court unanimously ruled that there had been violation of Articles 3 and 13 of the European Convention on Human Rights, and held by 12 votes to 5 that there had been no violation of Article 2. The Turkish Government was ordered to pay Abdüllatif İlhan €£80,600 sterling in pecuniary damages and £25,000 sterling in non-pecuniary damages, and to pay Nasır İlhan £17,000 sterling in legal costs and expenses (less 11,300 French francs granted in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58734
Memorial of the applicants in the Selçuk and Asker case submitted to the European Court of Human Rights, including the applicants' claims for just satisfaction under Article 50 of the European Convention on Human Rights, lists of the applicants' destroyed goods, schedule of legal costs and expenses, statements of the applicants to the Human Rights Association, the 25 June 1993 petition of İsmet Asker to the Kulp District Governor, and published reports and news clippings on forced village evacuations/destructions and other human rights violations in southeast Turkey.
Published judgment in the Mehmet Kaya case (A44/43/1/41). On 19 February 1998, the European Court of Human Rights held unanimously that it has not been established that the applicant’s brother was unlawfully killed in breach of Article 2 of the Convention; held by 8 votes to 1 that there had been a violation of Article 2 of the Convention on account of the failure of the authorities of the respondent State to conduct an effective investigation into the circumstances surrounding the death of the applicant’s brother; held by 8 votes to 1 that there had been a violation of Article 13 of the Convention; and held unanimously that there has been no violation of Articles 2, 6 and 13 of the Convention in conjunction with Article 14 of the Convention. The Turkish Government were ordered to pay the widow and children of Abdülmenaf Kaya £17,000 sterling. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58138. (2 copies)
Published judgment in the Mahmut Kaya case (A44/43/1/40). On 28 March 2000, the European Court of Human Rights ruled that there had been violations of Articles 2, 3, and 13 of the European Convention on Human Rights (6 votes to 1). The Turkish Government were ordered to pay Mahmut Kaya £2,500 sterling in non-pecuniary damages and Hasan Kaya’s heirs £15,000 sterling in non-pecuniary damages, and to pay Mahmut Kaya £22,000 sterling in legal costs and expenses (less 15,095 French francs granted in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58523
Published judgment in the Cemil Kılıç case (A44/43/1/42). On 28 March 2000, the European Court of Human Rights ruled unanimously that there had been violations of Article 2 of the European Convention on Human Rights and ruled 6 votes to 1 that there had been a violation of Article 13. The Turkish Government were ordered to pay the heirs of Kemal Kılıç £15,000 sterling in non-pecuniary damages, and to pay Cemil Kılıç £2,500 in non-pecuniary damages and £20,000 in legal costs and expenses (less 4,200 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58524
Published judgment in the Koçeri Kurt case (A44/43/1/44). On 25 May 1998, the European Court of Human Rights ruled by 6 votes to 3 that there had been violations of Article 3, 5, and 25 of the European Convention on Human Rights, and by 7 votes to 2 that there had been a violation of Article 13. The Turkish Government were ordered to pay Üzeyir Kurt’s heirs £15,000 sterling in non-pecuniary damages, and to pay Koçeri Kurt £10,000 sterling in non-pecuniary damages and €15,000 in legal costs and expenses (less 27,763 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58198
Published judgment in the Sadi Mansur case (application no. 16026/90, European Court of Human Rights case number 14/1994/461/542). Mansur was an Iranian national in the process of acquiring Turkish nationality when he was arrested in Greece for drug trafficking between Greece and Turkey. On 12 June 1981 the Salonika Court of Appeal (Greece) sentenced him to four years' imprisonment for drug trafficking
between Greece and Turkey. On 18 April 1984, at the end of a preliminary investigation opened after the conviction in Greece, the Ipsala public prosecutor's office committed Mr Mansur and A.D., his alleged accomplice, for trial at the Edirne First Assize Court on a charge of exporting drugs. Protracted proceedings ensued over the next seven years. On 19 February 1991, the Edirne court sentenced Mansur to thirty years' imprisonment. In its judgment it pointed out that Mr Mansur had already been given a sentence of four years' imprisonment in Greece for the same facts. Mr Mansur applied to the Commission on 23 November 1989. He complained of the length both of his detention pending trial (Article 5 paragraph 3 of the Convention) and of the criminal proceedings against him (Article 6 paragraph 1 of the Convention).
On 8 June 1995, the Court:
i) dismissed the preliminary objection of lack of jurisdiction ratione temporis;
ii) dismissed the objection that domestic remedies were not exhausted;
iii) dismissed the objection based on loss of victim status;
iv) held that there had been a breach of Article 5 paragraph 3 of the Convention on account of the length of the applicant's detention;
v) held that there had been a breach of Article 6 paragraph 1 of the Convention on account of the length of the criminal proceedings;
vi) held that the Turkish Government was to pay the applicant, 30,000 French francs in respect of non-pecuniary damage and 30,000 French francs in respect of costs and fees, (less 14,106.50 French francs received in legal aid).
This was not a Kurdish Litigation Project case. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-57932
Published judgment in the McCann and others case (application no. 18984/91, European Court of Human Rights case number 17/1994/464/545). The applicants lodged their application with the European Commission of Human Rights on 14 August 1991. The applicants complained that the March 1988 killings of Provisional Irish Republican Army members Daniel McCann, Mairead Farrell, and Sean Savage by members of the British Special Air Service (Special Air Service) in Gibraltar constituted a violation of Article 2 of the European Convention on Human Rights. The Thames Television programme ""Death on the Rock"" presented evidence that the IRA members were shot without warning or with their hands up. It was condemned by the British government and denounced in the press as sensationalist. After one of its witnesses retracted his statement, ""Death on the Rock"" became the first individual documentary to be the subject of an independent inquiry, in which it was largely vindicated.
The Commission's report found no violation of Article 2 but referred the case to the European Court of Human Rights for a final decision. The court rejected the families' submission that the British government had conspired to kill the three but did find a violation of Article 2 in the defective planning and control of the operation. Nevertheless, the applicants' claim for damages was dismissed on the grounds that the trio had been killed while preparing an act of terrorism, though it did order the government to pay the applicants' costs. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-57943