KURT JUDGMENT OF 25 MAY 1998
41
her application to the Commission. It cannot be said that the arguments
presented by the Government in this regard establish that there was no
official involvement in the organisation of these visits.
163. For the above reasons, the Court finds that the applicant was
subjected to indirect and improper pressure to make statements in respect of
her application to the Commission which interfered with the free exercise of
her right of individual petition guaranteed under Article 25.
164. As to the threat of criminal proceedings invoked against the
applicant’s lawyer, the Court does not agree with the Government’s
assertion that these were unrelated to the application lodged with the
Commission (see paragraph 157 above). The threat of prosecution
concerned the allegations which Mr Şakar made against the State in the
application which he lodged on Mrs Kurt’s behalf. While it is true that the
statement of complaint which was submitted to the Commission contained
allegations which were found to be false and which Mrs Kurt herself
repudiated, it must be stressed that the task of examining the substance of
particular complaints falls to the Commission in the context of its factfinding powers and having regard to the procedures which the Convention
offers the respondent State to challenge the merits of the accusations
levelled at it. It is not for the authorities to interfere with that process
through the threat of criminal measures against an applicant’s
representative.
165. For the above reasons, the moves made by the authorities to
institute criminal proceedings against the applicant’s lawyer, even though
they were not followed up, must be considered an interference with the
exercise of the applicant’s right of individual petition and incompatible with
the respondent State’s obligation under Article 25.
IX. ALLEGED ADMINISTRATIVE PRACTICE OF VIOLATIONS OF
THE CONVENTION
166. The applicant requested the Court to find that there was a practice
of “disappearances” in south-east Turkey which gave rise to aggravated
violations of Articles 2, 3 and 5 of the Convention. She highlighted in this
regard the reports produced by the United Nations Working Group on
Enforced and Involuntary Disappearances, in particular its 1994 report
which indicated that the highest number of alleged cases of disappearances
reported in 1994 was in Turkey.
The applicant further maintained that there was an officially tolerated
practice of ineffective remedies in south-east Turkey, in aggravated
violation of Article 13 of the Convention. She referred in support of her
contention to the fact that there was convincing evidence of a policy of
denial of incidents of extra-judicial killing, torture of detainees and
disappearances and of a systematic refusal or failure of the prosecuting