KURT JUDGMENT OF 25 MAY 1998
2
whether the facts of the case disclosed a breach by the respondent State of
its obligations under Articles 2, 3, 5, 13, 14, 18 and 25 § 1 of the
Convention.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
Rules of Court A, the applicant stated that she wished to take part in the
proceedings and designated the lawyers who would represent her (Rule 30).
On 18 March 1997 the President of the Chamber refused the applicant’s
request to provide for interpretation in an unofficial language at the public
hearing having regard to the fact that two of her lawyers used one of the
official languages (Rule 27).
3. The Chamber to be constituted included ex officio Mr F. Gölcüklü, the
elected judge of Turkish nationality (Article 43 of the Convention), and
Mr R. Bernhardt, the Vice-President of the Court (Rule 21 § 4 (b). On
21 February 1997, in the presence of the Registrar, the President of the
Court, Mr R. Ryssdal, drew by lot the names of the other seven members,
namely Mr F. Matscher, Mr L.-E. Pettiti, Mr I. Foighel, Mr J.M. Morenilla,
Mr G. Mifsud Bonnici, Mr K. Jungwiert and Mr U. Lōhmus (Article 43 in
fine of the Convention and Rule 21 § 5).
4. As President of the Chamber (Rule 21 § 6), Mr Bernhardt, acting
through the Registrar, consulted the Agent of the Turkish Government (“the
Government”), the applicant’s lawyers and the Delegate of the Commission
on the organisation of the proceedings (Rules 37 § 1 and 38). Pursuant to
the order made in consequence on 17 April 1997, the Registrar received the
applicant’s memorial on 23 September 1997 and the Government’s
memorial on 3 November 1997, the Government having been granted by the
President of the Chamber on 29 May 1997 an extension of the time-limit for
the submission of their memorial.
5. On 24 September 1997 the President of the Chamber granted leave
pursuant to Rule 37 § 2 to Amnesty International to submit written
comments on the case subject to certain conditions. These comments were
received at the registry on 7 November 1997 and communicated to the
Agent of the Government, the applicant’s lawyers and the Delegate of the
Commission.
6. On 27 September 1997 the Commission produced a number of
documents from the file on the proceedings before it, as requested by the
Registrar on the President’s instructions.
7. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 26 January 1998. The
Court had held a preparatory meeting beforehand.