ERGI JUDGMENT OF 28 JULY 1998
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Court, this failure undermined the exercise of any remedies the applicant
and his niece had at their disposal under Turkish law.
Accordingly, it finds that there has been a violation of Article 13 of the
Convention.
D. Alleged violations of Articles 14 and 18 of the Convention
99. The applicant submitted that the attack on the village illustrated the
discriminatory policy pursued by the State against ordinary Kurdish citizens
and the existence of an authorised practice in violation of Articles 14 and 18
of the Convention. Article 14 reads:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status.”
Article 18 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.”
100. The Commission, finding that these allegations were
unsubstantiated, concluded that there had been no violation of the above
provisions. The Government were of the same view.
101. The Court, on the basis of the facts as established by the
Commission, finds no violation of these provisions either.
E. Alleged violation of Article 25 § 1 of the Convention
102. Finally, the applicant complained that the authorities of the
respondent State had hindered him in the exercise of his right to present and
pursue his complaints with the Commission (see paragraph 26 above), in
breach of Article 25 § 1 of the Convention, which provides:
“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
Party against which the complaint has been lodged has declared that it recognises the
competence of the Commission to receive such petitions. Those of the High
Contracting Parties who have made such a declaration undertake not to hinder in any
way the effective exercise of this right.”
103. The Commission considered that, when questioning the applicant
about his declaration of means in support of his legal-aid request to the
Commission, the authorities had subjected him to pressure and this had
constituted a hindrance in the exercise of his right of individual petition as