ERGI JUDGMENT OF 28 JULY 1998
32
guaranteed under Article 25 § 1 (see paragraph 26 above). The respondent
State had therefore failed to comply with its obligations under this
provision.
104. The Government strongly contested the Commission’s conclusion.
In the first place, they maintained that the allegations of pressure had arisen
for the first time after statements had been taken on 30 October and
3 November 1995 (see paragraph 26 above), which was approximately a
year and a half after the introduction of the application and seven months
after the Commission’s decision on admissibility (see paragraphs 1 and 55
above).
Furthermore, the Government emphasised that the Turkish authorities
had to interview the applicant on his request for legal aid before the
Commission. Thus, its Secretary had in fact invited the Government to
comment on the request. The object of the interview was to verify his
declaration of means. At no point was the applicant subjected to any direct
or indirect pressure to force him to abandon his application or to deprive
him of his status in the proceedings before the Commission. There was a
contradiction in the Commission’s stance in that it had first asked the
Government to cooperate and then sanctioned them after they had reported
their findings and conclusions.
105. The Court observes from the outset that the timing of the
applicant’s complaint under Article 25 does not give rise to any issue of
admissibility under the Convention. The Government’s arguments on this
point must be rejected.
As to the merits of the complaint, it is to be noted that, as appears from
the records of the statements (see paragraph 26 above), these were not
confined to matters regarding the applicant’s declaration of means. He was
asked about the subject matter of his application to the Commission and to
provide an explanation concerning any application he might have made.
Also, the Court sees no plausible reason as to why the applicant was heard
twice by the authorities and why the questioning had been conducted by the
anti-terrorism department of the police and the public prosecutor. In view of
this, the Court, like the Commission, considers that the applicant must have
felt intimidated as a result of his contact with the authorities on these
occasions in a manner which unduly interfered with his petition to the
Commission. In this connection, the Court recalls that it is of the utmost
importance for the effective operation of the system of individual petition
instituted by Article 25 of the Convention that an applicant be able to
communicate freely with the Commission, without any form of pressure
from the authorities to withdraw or modify his or her complaints, (see the
Akdivar and Others v. Turkey judgment of 16 September 1996, Reports
1996-IV, p. 1219, § 105; and the above-mentioned Aksoy judgment,
p. 2288, § 105). The facts of the present case disclose that the respondent