AKDİVAR AND OTHERS v. TURKEYPARTLY DISSENTING OPINION OF MR. H. DANELIUS
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Document date: October 26, 1995
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PARTLY DISSENTING OPINION OF MR. H. DANELIUS
JOINED BY Mr. C.A. NØRGAARD
ON THE ISSUE UNDER ARTICLE 25 OF THE CONVENTION
I have voted against the Commission's conclusions in paras. 242
(regarding Article 13 of the Convention) and 255 (regarding Article 25
of the Convention) of the Report.
As regards Article 13, I interpret the applicants' complaints
regarding the absence of legal remedies as relating, at least
essentially, to their main complaints regarding violations of their
rights to respect for their family life and home and their property
rights, which are "civil rights" within the meaning of Article 6 of the
Convention. Consequently, I consider that, in view of the finding of
a violation of Article 6, no separate issue arises under Article 13.
As regards Article 25, I agree with the general remarks in
paras. 252 and 253 of the Report. However, when considering whether
there has been an interference with the applicants' right of individual
petition, I note that Hüseyin Akdivar and Ahmet Ciçek (born in 1967),
who were asked questions about applications to the Commission and were
requested to sign statements in this regard, were both found not to be
applicants (see paras. 179 and 181 of the Report). As regards the
persons who did lodge the present application, there is no evidence of
any interference with their right of individual petition. In these
circumstances, I cannot find that in the present case Turkey has failed
to comply with its obligations under Article 25.
(Or. French)