Item 9 - Letters from Søren Nielsen, 9-24 March 2005

2pp

Letters from Søren Nielsen, Section Registrar, European Court of Human Rights, to Françoise Hampson informing her that a judgment has been reached in the Akkum and others case. The second letter enclosed a certified copy of the Chamber's judgment (available at https://hudoc.echr.coe.int/?i=001-68601).The Court unanimously:

1. Dismisses the Government’s preliminary objection;
2. Holds that the respondent State has failed to fulfil its obligation under Article 38 of the Convention to furnish all necessary facilities to the Commission and Court in their task of establishing the facts;
3. Holds that the Government is liable for the death of the three relatives of the applicants in violation of Article 2 of the Convention;
4. Holds that it is unnecessary to determine whether there has been a violation of Article 2 of the Convention on account of the alleged lack of care in the planning and control of the operation;
5. Holds that there has 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 of the killing of the three men;
6. Holds that there has been a violation of Article 3 of the Convention in respect of the first applicant;
7. Holds that there has been a violation of Article 13 of the Convention;
8. Holds that it is unnecessary to determine whether there has been a practice by the authorities of infringing Articles 2 and 13 of the Convention;
9. Holds that it is unnecessary to determine whether there has been a violation of Article 14 of the Convention in conjunction with Articles 2 and 13 of the Convention;
10. Holds that it is unnecessary to determine whether there has been a violation of Article 18 of the Convention;
11. Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention on account of the killing of Derviş Karakoç’s horse and dog;
12. Holds that there has been no violation of Article 1 of Protocol No. 1 to the Convention on account of the killing of the livestock belonging to the villagers of Kurşunlu;
13. Holds
    (a) that the respondent State is to pay the third applicant Rabia Karakoç, for pecuniary damage, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, the sum of EUR 57,300 (fifty-seven thousand three hundred euros), together with any tax that may be chargeable. It further holds that this sum is to be converted into Turkish liras at the rate applicable at the date of settlement and held by Rabia Karakoç for the wife and children of her son Derviş Karakoç.
    (b) that the respondent State is to pay the applicants in respect of non-pecuniary damage, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, the following sums, to be converted into Turkish liras at the rate applicable at the date of settlement:
    (i) to Zülfi Akkum, EUR 20,000 (twenty thousand euros) for himself and for other possible heirs of his son Mehmet Akkum, and EUR 14,000 (fourteen thousand euros) in his personal capacity;
    (ii) to Hüseyin Akan, EUR 20,000 (twenty thousand euros) to be held for the heirs of his brother Mehmet Akan, and EUR 3,500 (three thousand five hundred euros) in his personal capacity;
    (iii) to Rabia Karakoç, EUR 20,000 (twenty thousand euros) to be held for the heirs of her son Derviş Karakoç, and EUR 3,500 (three thousand five hundred euros) in her personal capacity;
    (iv) any tax that may be chargeable on the above amounts;
    (c) that the respondent State is to pay the applicants, within three months and into the bank account identified by them in the United Kingdom, EUR 20,000 (twenty thousand euros) in respect of costs and expenses, together with any value-added tax that may be chargeable, less EUR 3,000 (three thousand euros) granted as legal aid, to be converted into pounds sterling at the exchange rate applicable at the date of delivery of this judgment;
    (d) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
14. Dismisses the remainder of the applicants’ claim for just satisfaction.

• Béarla