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.

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