KURT JUDGMENT OF 25 MAY 1998
iv
In instant case, authorities confronted with an arguable claim that applicant’s son
detained by security forces in village – authorities obliged in circumstances to conduct, for
benefit of relatives, thorough and effective investigation into disappearance – no such
investigation conducted for reasons given for finding of violation of Article 5.
Conclusion: violation (seven votes to two).
V. ARTICLES 2, 3 AND 5 IN CONJUNCTION WITH ARTICLE 14 OF THE
CONVENTION
Complaints not substantiated.
Conclusion: no violation (unanimously).
VI. ARTICLE 18 OF THE CONVENTION
Complaint not substantiated.
Conclusion: no violation (unanimously).
VII. ARTICLE 25 § 1 OF THE CONVENTION
Reaffirmation of Court’s case-law on obligation of Contracting State to ensure that
applicants are able to communicate freely with Commission without being subjected to any
form of pressure to withdraw or modify their complaints – expression “any form of
pressure” covers not only direct coercion and intimidation but also improper indirect acts
intended to dissuade or discourage applicants or potential applicants, their families or legal
representatives from pursuing a Convention remedy – in instant case, Court satisfied on
facts that applicant subjected to indirect and improper pressure to make statements in
respect of her application to Commission – furthermore, threat of criminal proceedings
against applicant’s lawyer, even if not followed up, to be considered an interference with
exercise of right of individual petition – allegations against a respondent State, even if
proved false, must be tested in accordance with Convention procedures and not by threat of
criminal measures against applicant’s lawyer.
Conclusion: violation (six votes to three).
VIII. ARTICLE 50 OF THE CONVENTION
A. Non-pecuniary damage
Separate sums awarded to applicant’s son and to applicant herself – first sum to be held
by applicant for her son and his heirs.
Conclusion: respondent State ordered to pay specified sums (eight votes to one).