PARTLY DISSENTING OPINION OF JUDGE LEMMENS

I regret that I cannot share my colleagues’ opinion that “there is no need to adjudicate separately on the admissibility or the merits of the ... complaints under Articles 6 and 13 of the Convention or under Article 1 of Protocol No. 1 to the Convention” (see paragraph 203 of the judgment).

In my view, it cannot be said that assessing those complaints, or at least the complaint concerning Article 1 of Protocol No. 1 to the Convention, would add nothing to the finding of a violation of the procedural head of Article 2 of the Convention. The Court has examined such complaints separately in cases raising similar issues to those raised by the present case (see, for example, Öneryıldız v. Turkey [GC], no. 48939/99, §§ 119 ‑ 157, ECHR 2004 ‑ XII, and Budayeva and Others v. Russia , nos. 15339/02, 21166/02, 20058/02, 11673/02 and 15343/02, §§ 166-198, ECHR 2008 (extracts)). That being so, I consider that the Court should have examined those complaints (see my partly dissenting opinions in the cases of YiÄŸitdoÄŸan v. Turkey (no. 2) , no. 72174/10, 3 June 2014, and Balta and Demir v. Turkey , no. 48628/12, 23 June 2015). That is why I voted against point 5 of the operative provisions of the judgment.

As it is impossible to know what the potential outcome of an examination of those complaints would have been, I was also forced to vote against point 7 of the operative provisions rejecting the “remainder” of the applicants’ claim for just satisfaction.

[1] . According to the same sources, 13,600 buildings collapsed, involving 285,211 housing units and 42,902 business premises.

[2] . In the Çamlık estate, the buildings in question had been on allotment 1927/15-1, plot 1, section E, allotment 1649/15-1, plot 3, sections C and D, and allotment 1648/15-1, plot 7, sections A, C, D, E.

[3] . In the Kocadere estate, the buildings in question had been on allotment 1256, allotment 1257, and allotment 1258/3 ‑ 2, plots 5 and 1, section D.

[4] . Road maps show a distance of approximately 544 km between the two towns.

[5] . One month was equivalent to thirty days, according to the Enforcement Act. Twelve judicial months did not correspond to a calendar year.

[6] . Approximately 195 euros (EUR).

[7] . Approximately EUR 159.

[8] . The Criminal Proceedings Act (Law No. 5275) was enacted on 4 December 2004 and published in the Official Gazette on 17 December 2004.

[9] . Rectified (in the French version) on 22 March 2016 by the deletion of the words “qui serait”.

[10] . Rectified on 22 March 2016 by the deletion of the words “and Mr Özel”.

[11] . Rectified on 22 March 2016 by the addition of the words “and Mr. Özel”.

[12] . Rectified on 22 March 2016 by the addition of the words “and Mr Özel”.