partly DISSENTING OPINION OF JUDGE Gölcüklü

( Translation )

To my great regret, I am unable to share the opinion of the majority on the following points.

1. There have been cases in which distant relatives, such as cousins or nephews, claiming to be victims within the meaning of Article 25, have lodged applications with the Commission, which has held that that provision had been complied with. Although Article 25 enables certain blood ties to be taken into account in construing the concept of who is a “victim”, it is however necessary to ask oneself how far that approach can be taken without a risk of converting the right of individual petition into a sort of actio popularis . In the instant case, no one more closely related to the deceased (such as his wife or children) than the applicant, who was only his nephew, took part in the proceedings before the Convention institutions (see paragraph 123 of the judgment). It must not be forgotten that behind all these cases, which are similar and come from south-east Turkey, are to be found the Diyarbakır Human Rights Association and the Kurdish Human Rights Project from London, which bodies pursue political ends rather than defending the rights of alleged victims. In my opinion, it is therefore going too far to hold that the applicant was also a “victim” of his uncle’s death and that the application included that claim too.

2. Likewise the applicant has not in this case exhausted the domestic remedies, that are both effective and efficient, provided by Turkish law. On this point I refer to my dissenting opinions in the following judgments: Akdivar and Others v. Turkey of 16 September 1996, Reports of Judgments and Decisions 1996-IV, Aydın v. Turkey of 25 September 1997, Reports 1997 ‑ VI, MenteÅŸ and Others v. Turkey of 28 November 1997, Reports 1997 ‑ VIII, and Selçuk and Asker v. Turkey of 24 April 1998, Reports 1998 ‑ II. Consequently, I consider that this conclusion makes it unnecessary for me to decide the issues raised on the merits in the present case.

3. Furthermore, with regard to the conclusion that Article 2 has been infringed because of the lack of an effective and efficient investigation into the circumstances of the death, I consider, like the Commission, that no separate issue arises under Article 13. On this point I refer to my dissenting opinions in the Kaya v. Turkey judgment of 19 February 1998, Reports 1998-I, and in the Kurt v. Turkey judgment of 25 May 1998, Reports 1998 ‑ III.

4. Lastly, given the particular and specific features of this case, I find the sums awarded to the applicant by the majority to be excessive, as regards both non-pecuniary damage and costs and expenses. To my mind, it was neither absolutely necessary nor helpful for three British lawyers to act in this case, as it did not give rise to any special difficulty.

[1] Notes by the Registrar

. The case is numbered 63/1997/847/1054. The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[2] . Rules of Court A apply to all cases referred to the Court before the entry into force of Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound by that Protocol. They correspond to the Rules that came into force on 1 January 1983, as amended several times subsequently.

[3] . Susurluk was the scene of a road accident in November1996 involving a car in which a member of parliament, a former deputy director of the Istanbul security services, a notorious far-right extremist, a drug trafficker wanted by Interpol and his girlfriend had been travelling. The latter three were all killed. The fact that they had all been travelling in the same car had so shocked public opinion that it had been necessary to start more than sixteen judicial investigations at different levels and a parliamentary inquiry.

[4] . One of the pseudonyms of a former member of the PKK turned informant who was known by the name “Green Code” and had supplied information to several State authorities since 1973.

[5] . An infamous drug trafficker strongly suspected of supporting the PKK (see paragraph 25 above).

[6] . Mr Anter, a pro-Kurdish political figure, was one of the founding members of the People’s Labour Party (“the HEP”), director of the Kurdish Institute in Istanbul, a writer and leader writer for, inter alia , the weekly review Yeni Ülke and the daily newspaper Özgür Gündem (see paragraph 22 above). He was killed at Diyarbakır on 30 September 1992 (see paragraph 24 above). Responsibility for the murder was claimed by an unknown clandestine group “ Boz-Ok ”.

[7] . See paragraph 26 above.

[8] . The appendix is missing from the report.

[9] . Ibid. for the page following this last sentence.

[10] . Note by the Registrar . For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the Commission’s report is obtainable from the registry.