KURT JUDGMENT OF 25 MAY 1998 23 In the opinion of the Court, these reasons would have been sufficient in themselves for it to have concluded in the light of its settled case-law (see, among other authorities, the Akdivar and Others v. Turkey judgment of 16 September 1996, Reports of Judgments and Decisions 1996-IV, pp. 1210–11, §§ 65–69) that there existed special circumstances which dispensed the applicant from the obligation to exhaust domestic remedies and to have dismissed the Government’s objection on that account. III. ALLEGED VIOLATIONS OF ARTICLES 2, 3 AND 5 OF THE CONVENTION IN RESPECT OF THE DISAPPEARANCE OF THE APPLICANT’S SON 84. The applicant requested the Court to find on the basis of the facts established by the Commission that the disappearance of her son engaged the responsibility of the respondent State under Articles 2, 3 and 5 of the Convention and that each of those Articles had been violated. She urged the Court, in line with the approach adopted by the Inter-American Court of Human Rights under the American Convention on Human Rights and by the United Nations Human Rights Committee under the International Covenant on Civil and Political Rights (see paragraphs 63–71 above) to the phenomenon of disappearances, not to confine its consideration of her son’s plight to the issues raised under Article 5 of the Convention but to have regard also to those raised under Articles 2 and 3. 85. The Government contended that the Commission’s fact-finding and its assessment of the evidence were seriously deficient and could not ground a finding of a violation of any of the Articles invoked by the applicant. 86. The Commission concluded, for its part, that the respondent State had committed a particularly serious and flagrant violation of Article 5 of the Convention taken as a whole and for that reason had not found it necessary to examine separately the applicant’s complaints under Articles 2 and 3. A. Establishment of the facts 1. Arguments of those appearing before the Court (a) The Commission 87. Before the Court the Delegate of the Commission stressed that the Commission’s findings of fact had been reached on the basis of an investigation conducted by its delegates in a scrupulously fair and impartial manner and without the benefit of any findings of a domestic inquiry. The