ELCI AND OTHERS v. TURKEY JUDGMENT
118
the right to put claims before a competent review body, which provisions
included the right of individual petition under the Convention.
707. During interrogations, no questions were put to the applicants
regarding cases pending before the Commission, as is reflected in the
applicants' oral evidence to the Commission Delegates.
708. If anyone were to have made a complaint under this provision, it
would have had to have been the applicants' clients, not the applicants
themselves.
709. The applicants Mr and Mrs Şahin and Mr Demırhan had confessed
in their statements to the gendarmes of having had contacts with PKK
members in other parts of Europe and that they had sent out documents with
a view to disseminating propaganda against Turkey. This was taken up in
the indictment and was not linked to any Convention applications.
710. The Government repeated that Mr Elçi's Commission case files
were returned to him.
B. The Court's assessment
711. The Court recalls that it is of the utmost importance for the
effective operation of the system of individual petition instituted by former
Article 25 (now replaced by Article 34) that applicants should be able to
communicate freely with the Convention organs without being subjected to
any form of pressure from the authorities to withdraw or modify their
complaints (see the Şarli v. Turkey judgment of 22 May 2001, no. 24490/94,
§ 84). In this context, “pressure” includes not only direct coercion and
flagrant acts of intimidation but also other improper indirect acts or contacts
designed to dissuade or discourage applicants from pursuing a Convention
remedy.
712. In the present case, the Court notes that considerable confusion has
arisen over the references to Europe and to European human rights
associations in the interrogations of and indictment against the applicants.
However, the Court does not find it established that these were references to
the Convention organs or applications to the Commission at the time. It
accepts that they were more likely to have been references to nongovernmental organisations, whether allegedly linked to the PKK or having
objective human rights aims (see, for example, the indictment as regards
Sabahattin Acar, Baki Demırhan, İmam Şahin and Arzu Şahin,
paragraph 535 above).
713. The Court finds that the applicants Tahir Elçi, İmam Şahin, Arzu
Şahin, Sabahattin Acar and Baki Demırhan were able to lodge complete
applications to the Commission and to pursue them before the Convention
organs without major obstacles.
714. The Court accepts that the events to which they were subjected
could have had a damaging effect on the applicants' professional activities,
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