ÇAKICI v. TURKEY JUDGMENT 30 remedy required by Article 13 must be “effective” in practice as well as in law, in particular in the sense that its exercise must not be unjustifiably hindered by the acts or omissions of the authorities of the respondent State (see the Aksoy judgment cited above, p. 2286, § 95; the Aydın v. Turkey judgment of 25 September 1997, Reports 1997-VI, pp. 1895-96, § 103; and the Kaya v. Turkey judgment of 19 February 1998, Reports 1998-I, pp. 32930, § 106). 113. The Court has confirmed the Commission’s findings in the present case concerning the unacknowledged detention, ill-treatment and disappearance of the applicant’s brother in circumstances that give rise to the presumption that he has died since those events. Given the fundamental importance of the rights in issue, the right to protection of life and freedom from torture and ill-treatment, Article 13 imposes, without prejudice to any other remedy available under the domestic system, an obligation on States to carry out a thorough and effective investigation apt to lead to those responsible being identified and punished and in which the complainant has effective access to the investigation proceedings (see the Yaşa judgment cited above, p. 2442, § 114). 114. It follows that, in the instant case, the authorities had an obligation to carry out an effective investigation into the disappearance of the applicant’s brother. Having regard to paragraphs 80 and 106 above, the Court finds that the respondent State has failed to comply with this obligation, which failure undermined the effectiveness of any other remedies which might have existed. Consequently, there has been a violation of Article 13 of the Convention. VII. ALLEGED VIOLATIONS OF ARTICLES 14 AND 18 OF THE CONVENTION 115. The applicant submitted that the disappearance of his brother illustrated the discriminatory policy pursued by the authorities against Kurdish citizens and the existence of an authorised practice, in violation of Articles 14 and 18 of the Convention respectively. Article 14 provides: “The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” Article 18 provides: “The restrictions permitted under [the] Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.”