KURT JUDGMENT OF 25 MAY 1998
38
VII. ALLEGED VIOLATION OF ARTICLE 18 OF THE CONVENTION
148. The applicant complained that the respondent State has knowingly
allowed a practice of “disappearances” to develop and has not taken any
measures to bring it to an end. She maintained that the attitude of the
authorities in this respect gave rise to a violation of Article 18 of the
Convention, which provides:
“The restrictions permitted under [the] Convention to the said rights and freedoms
shall not be applied for any purpose other than those for which they have been
prescribed.”
149. In support of her assertion the applicant claimed that the authorities
acted outside the framework of domestic legislation governing matters such
as detention. She illustrated her point by referring to the fact that custody
records are not kept and that their absence enabled the authorities to
circumvent the domestic rules on detention since they could simply deny
that a particular individual had been detained.
150. The Government contested this allegation. Before the Court they
maintained that even when operating under emergency powers in the
extremely difficult security situation in south-east Turkey the military
authorities were still required to act in accordance with the law.
151. The Commission concluded that the applicant had not substantiated
her allegation.
152. The Court agrees with the conclusion of the Commission that the
applicant has not substantiated her complaint. It notes in addition that this
complaint is akin to her allegation of a practice of violation of the
Convention which falls to be considered separately (see paragraph 169
below).
VIII. ALLEGED VIOLATION OF ARTICLE 25 § 1 OF THE
CONVENTION
153. The applicant requested the Court to accept the Commission’s
finding that she had been subjected to pressure by the authorities to
withdraw her application to the Commission in circumstances giving rise to
a breach of Article 25 § 1 of the Convention, which stipulates:
“The Commission may receive petitions addressed to the Secretary General of the
Council of Europe from any person, non-governmental organisation or group of
individuals claiming to be the victim of a violation by one of the High Contracting
Parties of the rights set forth in [the] Convention, provided that the High Contracting