KURT JUDGMENT OF 25 MAY 1998 20 no violation of Articles 14 and 18 of the Convention (unanimously); and that Turkey had failed to comply with its obligations under Article 25 § 1 of the Convention (unanimously). The full text of the Commission’s opinion and of the dissenting opinion contained in the report is reproduced as an annex to this judgment 1 . FINAL SUBMISSIONS TO THE COURT 74. The applicant requested the Court in her memorial to find that the respondent State was in violation of Articles 2, 3, 5, 14 and 18 of the Convention on account of her son’s “disappearance” and that she herself is a victim of a violation of Articles 3 and 13. She further contended that the respondent State had failed to comply with its obligations under Article 25 § 1. She requested the Court to award her and her son just satisfaction under Article 50. 75. The Government, for their part, requested the Court in their memorial to rule that the case was inadmissible having regard to the absence of a valid application. Alternatively, they argued that the applicant’s complaints were not substantiated. At the hearing the Government also maintained that the case should be declared inadmissible on account of the applicant’s failure to exhaust domestic remedies. AS TO THE LAW I. THE GOVERNMENT’S FIRST PRELIMINARY OBJECTION 76. The Government maintained that the applicant had never intended to lodge a complaint against the authorities before the Convention institutions. Her sole concern in contacting the public prosecutor and other officials (see paragraphs 39–43 above) was to ascertain the fate of her son and to eliminate the possibility that he might be in detention following the military operation in her village. Her quest for information on her son’s whereabouts was subsequently exploited by the Diyarbakır Human Rights Association whose representatives fabricated allegations against the State and manipulated the applicant into impugning the authorities for the disappearance of her son. They insisted that the applicant had on 1. Note by the Registrar. For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the Commission’s report is obtainable from the registry.

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