İLHAN v. TURKEY JUDGMENT 13 50. The Commission, with whom the applicant agreed, found that the applicant had introduced the application on behalf of his brother, who was in a seriously incapacitated and vulnerable state. Abdüllatif İlhan had given evidence before the delegates showing that he supported the application and there was no element of abuse of the Convention system in allowing the applicant to bring the application. 51. The Court has previously held in the context of Article 35 § 1 (former Article 26) of the Convention that the rules of admissibility must be applied with some degree of flexibility and without excessive formalism (see the Cardot v. France judgment of 19 March 1991, Series A no. 200, p. 18, § 34). Regard must also be had to the object and purpose of those rules (see, for example, the Worm v. Austria judgment of 29 August 1997, Reports 1997-V, p. 1547, § 33) and of the Convention generally, which, as a treaty for the collective enforcement of human rights and fundamental freedoms, must be interpreted and applied so as to make its safeguards practical and effective (see, for example, the Yaşa v. Turkey judgment of 2 September 1998, Reports 1998-VI, p. 2429, § 64). 52. The system of individual petition provided under Article 34 (former Article 25) of the Convention excludes applications by way of actio popularis. Complaints must therefore be brought by or on behalf of persons who claim to be victims of a violation of one or more of the provisions of the Convention. Such persons must be able to show that they were “directly affected” by the measure complained of (see, for example, the Open Door and Dublin Well Woman v. Ireland judgment of 29 October 1992, Series A no. 246-A, p. 22, § 44). Further, victim status may exist even where there is no damage, such an issue being relevant under Article 41 (former Article 50) of the Convention, where pecuniary or non-pecuniary damage flowing from the breach must be established (see, for example, the Wassink v. the Netherlands judgment of 27 September 1990, Series A no. 185-A, p. 14, § 38). 53. In the light of the above considerations, the Court notes that whether or not the applicant can claim damages in his own right is separate from the consideration of whether he may validly introduce the application. In the present case, Abdüllatif İlhan was the immediate victim of the alleged assault and ill-treatment. The application introduced by the applicant also made it clear that he was complaining on behalf of his brother who, considering his state of health, was not in a position to pursue the application himself. In these circumstances, the Court notes that it would generally be appropriate for an application to name the injured person as the applicant and for a letter of authority to be provided allowing another member of the family to act on his or her behalf. This would ensure that the application was brought with the consent of the victim of the alleged breach and would avoid actio popularis applications.