K. AYDIN, C. AYDIN and S. AYDIN - Turkey (Nº 28293/95, Nº 29494/95 and Nº 30219/96)

Judgment 10.7.2001 [Section I]

The case concerns the disappearance of the applicants' husband/father and the alleged destruction of their home and possessions by members of the security forces. The parties have reached a friendly settlement on the basis of an ex gratia payment to the applicants. In addition, the following statements were made by the Government:

 

• The Government regret the occurrence of the actions which have led to the bringing of the present applications, in particular the disappearance of Mr Müslüm Aydın and the anguish caused to his family.

   

   

• It is accepted that the unrecorded deprivation of liberty and insufficient investigations into the allegations of disappearance constituted violations of Articles 2, 5 and 13 of the Convention. The Government undertake to issue appropriate instructions and adopt all necessary measures with a view to ensuring that all deprivations of liberty are fully and accurately recorded by the authorities and that effective investigations into alleged disappearances are carried out in accordance with their obligations under the Convention.

   

   

• The Government consider that the supervision by the Committee of Ministers of the execution of Court judgments concerning Turkey in this and similar cases is an appropriate mechanism for ensuring that improvements will be made in this context. To this end, necessary co-operation in this process will continue to take place.