SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
14
The Court is, moreover, satisfied that the Commission, in assessing the
evidence, took due account of the difficulties inherent in its task, such as the
barriers created by differences in language and culture and the absence of
possibly important testimony and evidence (see paragraph 26 above).
56. The Court has had regard to the Government’s allegations of
inconsistencies and contradictions in the testimonies of the applicants and
their witnesses. It notes that the Commission in its report addressed in turn
each of the Government’s concerns (see paragraphs 150–66 of the
Commission’s report). Having itself examined the evidence in the case, it
finds the Commission’s assessment and conclusions to be reasonable and
credible, particularly bearing in mind that, as mentioned above, the
delegates had the advantage of hearing the oral testimony first-hand.
57. In the light of all the foregoing, the Court accepts the facts
established by the Commission (see paragraphs 27–32 above), which it
finds to have been proved beyond reasonable doubt.
II. THE GOVERNMENT’S PRELIMINARY OBJECTIONS
A. Non-validity of the applications
58. The Government contended that the applications to the Commission
had not been brought freely and genuinely by Mrs Selçuk and Mr Asker, but
instead by others for political motives. In support, they referred to the facts,
inter alia, that Mrs Selçuk had told the Commission’s delegates that she did
not go to the Human Rights Association in Diyarbakır (“HRA”) to file a
complaint, but only to get help, and that she did not recognise the name of
the lawyer there who had supposedly taken her statement. Similar problems
arose in relation to Mr Asker’s statement for the HRA.
59. The applicants’ representative observed that both of her clients had
signed valid powers of attorney and had fully participated in the Strasbourg
proceedings, including appearing before the Commission’s delegates to be
cross-examined on their complaints.
60. The Commission found that the applications were valid and genuine,
notwithstanding the discrepancies and apparent inaccuracies in the written
petitions submitted by the HRA, in view of the fact that the applicants
maintained the substance of their complaints before the delegates and
showed no unwillingness or reluctance in participating in the proceedings
before it.