AFFAIRE SELÇUK c. TÜRKİYE, (Case no 23093/20), 9 July 2024
Citation: AFFAIRE SELÇUK c. TÜRKİYE, (Case no 23093/20), 9 July 2024
Rule of thumb : Are relatively small amounts of criminal injuries/damage compensation in state aid a violation of Article 2 & 3 ECHR? No, even though the sums provided are small this is not deemed to be a violation of the ECHR.
Facts: The basic facts were that Selcuk attended a pro-democracy rally in Turkey. There were bombings by an Islamist terror group. He sustained shrapnel injuries as a result of this, and in particular this led him to sustain a lot of financial damages through inability to work. He was only awarded €3,750 for this, which came nowhere close to reflecting the adverse financial impact this attack had on his life. Selcuk argued that this state aid paid was a violation of Articles 2 & 3 of the ECHR.
Judgment:
The Court held that state aid payable to citizens who are victims of crime is largely a matter for each country’s margin of appreciation, and affirmed that this criminal injuries compensation regime in Turkiye was not a violation of the ECHR.
‘120. It observes that, in the present case, the Administrative Court awarded the applicant compensation in the amount equivalent to EUR 3 875 for the non-material damage he had suffered. It considers that the compensation awarded may be considered adequate and sufficient in the circumstances of the case, having regard to the applicant's situation.
121. In conclusion, and in the light of all the foregoing, the Court considers that domestic law has provided the applicant with remedies adequate to satisfy the respondent State's obligation under Article 2 of the Convention to establish an effective judicial system capable of providing an appropriate judicial response in the circumstances of the case (see Göktepe and Others v. Turkey (dec.), No. 64731/01, 26 April 2005).
122. Accordingly, there has been no procedural violation of Article 2 of the Convention’.
Judges: Arnfinn Bårdsen, president; Pauliine Koskelo; Saadet Yüksel; Lorraine Schembri Orland; Frédéric Krenc; Diana Sârcu; Davor Derenčinović.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.