PARTLY DISSENTING OPINION OF N. BRATZA

     For substantially the reasons given in my separate opinions in other

cases involving the destruction of villages in South-Eastern Turkey

(notably Akdivar and Others and Mentes and Others) I see the essential

problem in these cases is concerned not with the right of access to court

but rather with the effectiveness of the remedies available (including

court remedies) under domestic law in the particular circumstances

prevailing in that part of Turkey.  While thus agreeing with the

essential reasoning of the majority of the Commission in paragraphs 194 -

196 of the Report, I voted in favour of a violation of Article 13 and

not of Article 6 of the Convention.

                                                   (Or. français)