PARTLY DISSENTING OPINION OF JUDGE GÖLCÜKLÜ

(Translation)

To my great regret, I do not share the views of the majority concerning the application of Article 41 with regard to the compensation awarded for non-pecuniary damage. Allow me to explain.

I assume that the majority reasoned as though the missing son were alive. In that case an award would certainly have been made [to the applicant] for non-pecuniary damage.

Unfortunately, however, the missing son is presumed dead. He was not married; he had neither wife nor child. Accordingly, his heirs have been awarded EUR 20,000 in his stead. According to the case file, the sole heir is none other than his mother, in other words, the applicant (see paragraph 152 of the judgment).

At the same time, however, the applicant has been awarded, under the same head, EUR 13,500 “in her own right” (see paragraph 153).

Thus, the applicant has been granted two separate but cumulative awards of compensation in respect of one and the same event. This is a conclusion which I am unable to accept, and is nothing other than pure speculation and supposition.

[1] 1. İtirafçı (confessor): a term used to describe a member of an illegal organisation who provides the authorities with information about that organisation.