Altun v. Turkey

Дело «Алтун против Турции»

Comments:
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. The applicant is a Turkish national who lived in Akdoruk south east Turkey. The Court found that his house, belongings and livestock had been deliberately burned down before the eyes of members of his family on 13 November 1993 by Turkish military forces. They were obliged to leave their village The Court held that this incident must have caused him suffering of sufficient severity for these acts to be categorised as inhuman treatment within the meaning of Article 3 and therefore concluded to a violation of this provision of the Convention. The Court also held that these acts constituted a violation of Article 8 of the Convention and of Article 1 of Protocol No. 1. The Court observed that following the burning of his house and belongings, the applicant had lodged a complaint with the Kulp public prosecutor. The Kulp public prosecutor's failure to carry out a thorough and effective investigation into the applicant's allegations, the transfer of the complaint to the Kulp Administrative Council which lacks requisite independence and impartiality as well as the denial of the applicant's access to any other available remedy constituted a breach of Article 13 of the Convention. Pursuant to Article 41, the Court held the respondent State to be paid 22,000 Euros in respect of pecuniary damage, 14,500 Euros in respect of nonpecuniary damage and 15,000 Euros in respect of costs and expenses. This judgement is not final.
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