KURT JUDGMENT 47 PARTLY DISSENTING OPINION OF JUDGE MATSCHER (Translation) While I am conscious of the difficulties which the Commission faces in cases of this type, I consider that in the present case the manner in which it established the facts, which were accepted by the Court, was so superficial and insufficient and the analysis of those facts so clearly unsatisfactory that, in my view, neither provides a sufficiently sound basis for a finding of a violation. Furthermore, a careful study of the summary of the Commission’s findings (see paragraphs 45–53 of the judgment) confirms that view, without it being necessary for me to go into detail. None of the many witnesses heard by the local authorities or by the delegates of the Commission were able to say that the applicant’s son had been taken away by the soldiers; the mere fact that the applicant “genuinely and honestly believed” (see paragraph 53) that such was the case does not amount to proof, especially as most of the witnesses said the opposite or declared that they had no personal direct knowledge of what, in this connection, is the crucial issue in the case. Ultimately, here, as in the Menteş and Others v. Turkey case (judgment of 28 November 1997, Reports of Judgments and Decisions 1997-VIII), the applicant failed by a large margin to prove the truth of her allegations beyond all reasonable doubt. On a separate issue, I voted in favour of finding a violation of Article 13 because, in a case as serious as this one, the authorities of the respondent State failed to carry out a genuine and thorough investigation.