MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
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3. Third-party intervener
98. The International Commission of Jurists submitted that in the light of
the general principles of international law, the law of treaties and
international case-law, interim measures indicated under Rule 39 of the
Rules of Court were binding on the State concerned.
C. The Court's assessment
99. The fact that the Government failed to comply with the measures
indicated by the Court under Rule 39 of the Rules of Court raises the issue
of whether the respondent State is in breach of its undertaking under Article
34 of the Convention not to hinder the applicants in the exercise of their
right of individual application.
1. General considerations
(a) Exercise of the right of individual application
100. The Court has previously stated that the provision concerning the
right of individual application (Article 34, formerly Article 25 of the
Convention before Protocol No. 11 came into force) is one of the
fundamental guarantees of the effectiveness of the Convention system of
human rights protection. In interpreting such a key provision, the Court
must have regard to the special character of the Convention as a treaty for
the collective enforcement of human rights and fundamental freedoms.
Unlike international treaties of the classic kind, the Convention comprises
more than mere reciprocal engagements between Contracting States. It
creates, over and above a network of mutual, bilateral undertakings,
objective obligations which, in the words of the Preamble, benefit from a
'collective enforcement' (see, mutatis mutandis, Loizidou v. Turkey
(preliminary objections), judgment of 23 March 1995, Series A no. 310,
p. 26, § 70).
101. The object and purpose of the Convention as an instrument for the
protection of individual human beings require that its provisions be
interpreted and applied so as to make its safeguards practical and effective,
as part of the system of individual applications. In addition, any
interpretation of the rights and freedoms guaranteed has to be consistent
with “the general spirit of the Convention, an instrument designed to
maintain and promote the ideals and values of a democratic society” (see
Soering, cited above, p. 34, § 87, and, mutatis mutandis, Klass and Others
v. Germany, judgment of 6 September 1978, Series A no. 28, p. 18, § 34).
102. The undertaking not to hinder the effective exercise of the right of
individual application precludes any interference with the individual's right
to present and pursue his complaint before the Court effectively. That issue
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