AKDİVAR AND OTHERS v. TURKEYPARTLY DISSENTING OPINION OF Mr. I. CABRAL BARRETO

Doc ref: • ECHR ID:

Document date: October 26, 1995

Doc ref: • ECHR ID:

Document date: October 26, 1995

Cited paragraphs only

PARTLY DISSENTING OPINION OF Mr. I. CABRAL BARRETO

Much to my regret, I cannot share the opinion of the majority of

the Commission regarding the violations of Articles 3, 13 and 25 of the

Convention, for the following reasons:

As regards Article 3 of the Convention, I consider that the

measures taken by the security forces, i.e. burning the applicants'

houses and obliging them to leave their village and gather in

Diyarbakir, must be examined in the context of the general situation

prevailing in the area, i.e. the fight against the members of the PKK

and attempts to "strand the fish".

I find it difficult to accept that the measures in question,

although objectively speaking they were serious, were designed to

humiliate or degrade the Kelekkçi villagers.

In my view there has been a violation only of Article 8 of the

Convention and Article 1 of Protocol No. 1 to the Convention.

As regards Articles 13 and 25 of the Convention, I share the

partly dissenting opinion of my colleague, Mr. Hans Danelius.

(Or. English)

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