KURT JUDGMENT OF 25 MAY 1998
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Party against which the complaint has been lodged has declared that it recognises the
competence of the Commission to receive such petitions. Those of the High
Contracting Parties who have made such a declaration undertake not to hinder in any
way the effective exercise of this right.”
154. The applicant further maintained that the steps taken by the
authorities to institute criminal proceedings against her lawyer in connection
with statements he had made pertaining to her application to the
Commission were incompatible with their obligations under Article 25 § 1
(see paragraph 25 above). She relied once again on the Commission’s
finding of a violation of that provision and the reasons it had adduced in
support thereof.
155. The Government strenuously denied these assertions. They
contended that the applicant was exploited throughout by the representatives
of the Diyarbakır Human Rights Association for propaganda purposes in
order to denigrate the image of the Turkish security forces. Mrs Kurt’s sole
concern was to ascertain the whereabouts of her son but she unwittingly
became caught up in the campaign of misinformation waged by that
association against the Turkish State.
156. The Government insisted that the authorities had never brought
pressure to bear on the applicant to withdraw her application to the
Convention institutions. She had gone voluntarily to the notary in Bismil on
two occasions in order to repudiate the falsehoods which the Diyarbakır
Human Rights Association had made in her application. They maintained
that the applicant had reported to the delegates at the hearing in Ankara that
no pressure had been brought to bear on her to withdraw her application,
and this was confirmed by Mr Arap Kurt who had accompanied her to the
office of the notary. It was her own decision to abandon her complaint
lodged with the Commission.
157. The Government also contended that the Commission was wrong in
its conclusion that they were in violation of Article 25 § 1 on account of the
fact that the authorities had contemplated instituting criminal proceedings
against the applicant’s lawyer, Mr Şakar. They stressed that Mr Şakar had
been under investigation for having aided and abetted the PKK. Any
prosecution which would have been instituted would not have related to his
involvement in the instant case; rather he would have been charged with
membership of a terrorist organisation under Article 168 § 2 of the Turkish
Criminal Code.
158. The Commission concluded that the authorities had not directly
coerced the applicant. Nevertheless, and with particular regard to the
circumstances of the applicant’s two visits to the notary in Bismil, they had
applied improper indirect pressure in respect of her complaint to the
Convention institutions. Furthermore, the threatened criminal proceedings
against the applicant’s lawyer also gave rise to a serious interference with
the exercise of the right of individual petition.