The Court observed in particular that the Turkish Government had not provided the slum inhabitants with information about the risks they ran by living there. Even if it had, it remained responsible as it had not taken the necessary practical measures to avoid the risks to people’s lives. The regulatory framework had proved defective as the tip had been allowed to open and operate without a coherent supervisory system. The town- planning policy had likewise been inadequate and had undoubtedly played a part in the sequence of events leading to the accident.
In this case the Court also held that there had been a violation of Article 1 (protection of property) of Protocol No. 1 to the Convention, a violation of Article 13 (right to an effective remedy) of the Convention as regards the complaint under the substantive head of Article 2 and a violation of Article 13 as regards the complaint under Article 1 of Protocol No. 1.