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CASE OF SAÇILIK AND OTHERS v. TURKEYJOINT PARTLY DISSENTING OPINION OF JUDGE S SAJÃ’ AND LEMMENS

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Document date: April 14, 2015

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CASE OF SAÇILIK AND OTHERS v. TURKEYJOINT PARTLY DISSENTING OPINION OF JUDGE S SAJÃ’ AND LEMMENS

Doc ref: • ECHR ID:

Document date: April 14, 2015

Cited paragraphs only

JOINT PARTLY DISSENTING OPINION OF JUDGE S SAJÃ’ AND LEMMENS

1. We voted with the majority on the applicant ’ s claim for pecuniary and non-pecuniary damage as well as on his claim for reimbursement of the costs and expenses incurred in the proceedings before the Court.

To our regret, however, we are not able to share the views of the majority in so far as they relate to his claim for the reimbursement of costs and expenses incurred during the compensation proceedings before the domestic courts.

2. The majority reject that claim on the ground that “the compensation proceedings were not brought by Mr Saçılık in order to prevent or to remedy the violation, but to obtain compens ation for the damage he had sustained ” ( see paragraph 51).

We must admit that we are perplexed by this reasoning.

First of all, it seems evident to us that, generally speaking, compensation can be a form of reparation of a violation of human rights (see the “ Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law ” , adopted by the General Assembly of the United Nations on 16 December 2005, principles 18 and 20). Proceedings instituted in order to obtain compensation for the damage caused by a violation of the plaintiff ’ s human rights are therefore, in our opinion, proceedings to remedy that violation. We cannot see why the majority have h e ld otherwise .

Secondly, especially in this case , the proceedings brought by the applicant to obtain compensation for the damage sustained as a result of the loss of his arm should have been considered proceedings for which he was entitled to obtain the reimbursement of his costs and expenses. Indeed, the Court considers that the awards made by the Antalya Administrative Court in th o se proceedings, with respect to both pecuniary and non-pecuniary damage, constitute “just satisfaction” within the meaning of Article 41 of the Convention. For that reason, the Court orders the respondent Government to renounce any claim for reimbursement of the sums already paid to the applicant or for any additional costs , notwithstanding that the judgment of the Antalya Administrative Court has been quashed by the Supreme Administrative Court and the applicant ’ s claim for compensation ultimately rejected. In our opinion, it is difficult to imagine a closer link between the domestic compensation proceedings and the remedy for the violation of the applicant ’ s human rights.

3. It is for these reasons that we voted against operative point 2.

ANNEX

List of applicants in application no. 43044/05

Name

Date of birth

Place of residence

Mr Veli Saçılık

1977

Ankara

Mr Hüseyin Tiraki

1977

Adana

Mr Halil Tiryaki

1959

Vevey , Switzerland

Mr Yunis Aydemir

1971

Ankara

Mr Yusuf Demir

1957

Ä°stanbul

Mr Ä°brahim Bozay

1956

Malatya

Mr Hakan Baran

1971

Ankara

Mr Kazım Ceylan

1969

Delémont , Switzerland

Mr Hüseyin Bulut

1952

Ä°stanbul

Mr Cemil Aksu

1977

Artvin

Ms Necla Çomak

1975

Ankara

Mr Şahin Geçit

1968

Ä°zmir

Mr Hayrullah Kar

1955

Antalya

Mr Mehmet Leylek

1959

Malatya

Ms Birsen Dermanlı

1971

Austria

Mr Veysel YaÄŸan

1967

Germany

Mr Fikret Lüle

1972

Ankara

Mr Ali Rıza Dermanlı

1969

Greece

Mr Cavit Temürtürkan

1974

Basel, Switzerland

Ms Azime Arzu Torun

1975

Ä°stanbul

Ms Gönül Aslan

1976

Ankara

Mr Barış Gönülşen

1974

Ä°zmir

Ms Hüsne Davran

1960

Adana

Ms Mürüvet Küçük

1970

Tunceli

The applicant in application no. 45001/05

Name

Date of birth

Place of Residence

Mr Emre Güneş

1976

Antalya

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