14 İLHAN v. TURKEY JUDGMENT 54. The Court is not persuaded, however, that in this case the fact that Nasır İlhan put his own name as that of the applicant rather than that of his brother discloses an abuse of the Convention system. Abdüllatif İlhan consented to the proceedings and appeared before the Commission delegates to give evidence. Nor was there any apparent conflict of interest arising from the applicant's involvement on behalf of his brother. Indeed, the applicant may claim to have been closely concerned with the incident. He was the member of the family who came immediately to the hospital on learning of his brother's injury and who took the necessary steps for obtaining the treatment he needed. While the Government asserted that Abdüllatif İlhan's state of health did not preclude him from conducting his own legal affairs, the Court considers that special considerations may arise where a victim of an alleged violation of Articles 2 and 3 of the Convention at the hands of the security forces is still suffering from serious after-effects. 55. Having regard therefore to the special circumstances of this case, where Abdüllatif İlhan may claim to have been in a particularly vulnerable position, the Court finds that the applicant may be regarded as having validly introduced the application on his brother's behalf. Accordingly, it dismisses the Government's preliminary objection in this respect. B. Exhaustion of domestic remedies 56. The Government objected that the applicant had not exhausted domestic remedies, as required by Article 35 of the Convention, by making proper use of the available redress through the instituting of criminal proceedings, or by bringing claims in the civil or administrative courts. They referred in particular to the fact that neither Abdüllatif İlhan nor the applicant complained to the public prosecutor and that Abdüllatif İlhan made no complaint when he appeared before the Mardin Justice of the Peace Court on 30 March 1993. 57. The applicant's counsel submitted at the hearing before the Court that the Mardin public prosecutor had been informed that both Abdüllatif İlhan and İbrahim Karahan had been injured when the gendarmes apprehended them. The public prosecutor had informed the Commission's delegates that he had been concerned that Abdüllatif İlhan had suffered such serious injuries. His decision not to prosecute of 11 February 1993 also described Abdüllatif İlhan as the injured party. 58. The Court reiterates that the rule of exhaustion of domestic remedies referred to in Article 35 § 1 of the Convention obliges applicants to use first the remedies that are normally available and sufficient in the domestic legal system to enable them to obtain redress for the breaches alleged. The existence of the remedies must be sufficiently certain, in practice as well as in theory, failing which they will lack the requisite accessibility and effectiveness. Article 35 § 1 also requires that the complaints intended to be