ERGI JUDGMENT OF 28 JULY 1998
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59. The Court recalls that it takes cognisance of preliminary objections
in so far as the State in question has already raised them, at least in
substance and with sufficient clarity, before the Commission, in principle at
the stage of the initial examination of admissibility (see the Stran Greek
Refineries and Stratis Andreadis v. Greece judgment of 9 December 1994,
Series A no. 301-B, p. 77, § 32)
A. The Government’s first preliminary objection
60. In contesting the validity of the application, the Government
submitted that there was no resemblance between the clearly vertical and
tight handwriting of the signature in the statements taken by the Turkish
authorities on 30 October and 3 November 1995 (see paragraph 26 above)
and the clumsy and round handwriting of the signatures appearing on the
statements taken by the Diyarbakır Human Rights Association on 9 October
1993 (see paragraph 25 above) and the power of attorney of the same date.
Besides, the writing which appeared on the Diyarbakır case file bore a
strange resemblance to that in other case files when so-called statements had
been taken. This was an important matter which the Government should be
able to raise at any stage of the proceedings, having regard to the proper
administration of justice.
61. The Commission noted no striking dissimilarity in the signatures
referred to by the Government. In any event Muharrem Ergi had clearly
testified before its delegates (see paragraph 28 above) that he had gone to
the Human Rights Association in Diyarbakır with his parents to complain
and that he had signed the statement. His testimony had also clearly shown
that it was his intention to pursue those complaints. Thus, the Commission
found that there was no doubt that the application before it disclosed a
genuine and valid exercise of the applicant’s right of individual petition
under Article 25 of the Convention.
62. The Court observes that it was the alleged differences between, on
the one hand, the signature on the statements taken by the anti-terrorism
department and the public prosecutor on 30 October and 3 November 1995
(see paragraph 26 above) and, on the other hand, those appearing on the
statement of 9 October 1993 (see paragraph 25 above) and the power of
attorney of the same date, which had prompted the Government to contest
the validity of the application. Therefore, they could not be expected to have
raised their objection in this regard before the Commission took its decision
of 2 March 1995 declaring the application admissible (see paragraph 55
above).