Menteş and Others v Turkey: Village Destruction in Turkey

Table of Contents

Foreword / I-II

Part I

Summary of the Case / 1

The Facts / 1

The facts as presented by the applicants / 1
Damage and losses / 2
The facts as presented by the Government / 3
The findings of fact of the Commission / 3
The findings of fact of the Court / 4
Map of the area where the incident occurred / 5

The Legal Proceedings / 6

Chronology of events and legal proceedings / 6
How to bring a case before the Commission and the Court / 7
What are investigation hearings? / 7

The Applicants’ complaints / 9

Table I - Summary and Outcome of the Complaints / 9
Article 8: Right to respect for private and family life and home / 10
Limitations under paragraph 2 of article 8 / 11
Article 3: Freedom from torture and inhuman and degrading treatment 12 Article 5(1): Right to liberty and security of the person / 13
Articles 6(1) and 13: Access to a court and right to an effective remedy / 13
Article 6 and 13: The debate / 16
Articles 6 and 13: The dissenting opinions / 17
Articles 14 and 18: Freedom from discrimination and
permitted restrictions under the Convention / 17
Administrative practice / 18
Just satisfaction: Compensation under article 50 / 18
Pecuniary and non-pecuniary damages / 19

Part II

Menteş v. Turkey in the Context of Village Evacuation and
Destruction in south-east Turkey / 21

Part III

Admissibility decision of the European Commission of Human Rights.
Decision of the European Commission of Human Rights (article 31 Report).
Judgment on the merits of the European Court of Human Rights.
Article 50 judgment (just satisfaction) of the European Court of Human Rights.

Part IV - Appendices

Appendix A - Extract of Report of the Committee on Migration,
Refugees and Demography, Humanitarian Situation of the
Kurdish Refugees and Displaced Persons in south-east Turkey and
North Iraq, June 1998.

Appendix B - Turkish Parliamentary (Temporary) Committee, A Report by
The Parliamentary (Temporary) Committee Established for Studying and
Determining Necessary Measures to the Problems of Villagers Who
Emigrated Because of Village Evacuations in the
East and South-East, 1998.