KURT JUDGMENT OF 25 MAY 1998 ii SUMMARY 1 Judgment delivered by a Chamber Turkey – failure of authorities to account for whereabouts or fate of applicant’s son last seen surrounded by members of security forces I. GOVERNMENT’S PRELIMINARY OBJECTIONS A. Non-validity of application Applicant testified before delegates – confirmed her wish to take part in proceedings before Court and was present at hearing in her case – cannot be maintained in circumstances that applicant was not seeking redress in respect of complaint against authorities. Conclusion: objection dismissed (unanimously). B. Non-exhaustion of domestic remedies Government barred on procedural grounds from raising objection – in any event, objection would have been dismissed on merits given that applicant did everything that could be expected of her to exhaust domestic remedies. Conclusion: objection dismissed (unanimously). II. ARTICLES 2, 3 AND 5 OF THE CONVENTION IN RESPECT OF THE DISAPPEARANCE OF THE APPLICANT’S SON A. Establishment of the facts Commission meticulously examined inconsistencies in applicant’s evidence as well as Government’s alternative explanations for disappearance of her son – applicant questioned extensively by delegates of the Commission and Government lawyers at hearing – applicant found credible and consistent on central issue, namely she had seen her son surrounded by soldiers and village guards in village – no exceptional circumstances which would lead Court to depart from Commission’s finding that applicant’s son detained in village in circumstances alleged and has not been seen since. B. Article 2 No concrete evidence adduced proving, beyond reasonable doubt, that applicant’s son was killed by authorities – neither circumstances in which son detained nor materials relied on by applicant in support of allegation of practice of, inter alia, disappearances and 1. This summary by the registry does not bind the Court.