PART 2: How to Bring a Case to the Court
authorities will have a higher evidential value. For example, in the case of Akdeniz
v. Turkey,169 the Court accepted the applicant’s allegation that her son had been
detained and ill-treated by soldiers solely on the basis of statements taken by
the investigating prosecutor from a number of eye-witnesses to the events. In
fact, the prosecutor himself had concluded, on the basis of the same eyewitness
evidence, that the applicant’s allegations were true but had failed to prosecute
those responsible.170
The Court also takes into account eyewitness statements taken by an applicant
him- or herself or by his or her lawyer.171 However, such statements need to be corroborated by other evidence. Furthermore, as both parties to a case will be given the
opportunity to comment on any documents submitted in Convention proceedings,
the Court may attach greater evidential value to an unauthenticated document if
its accuracy and veracity are not contested by the parties. For instance, in the case
of Koku v. Turkey172 the applicant submitted to the Court a chronology of events in
which attacks against, and killings of, members of a pro-Kurdish political party
were detailed. He argued that his brother, who had been a member of that party, was kidnapped and his disappearance was not investigated by the authorities.
The body of his brother was found some months after the kidnapping. The Court,
noting that the respondent Government had not contested the accuracy of the
document submitted by the applicant, and noting further that the alleged kidnapping and disappearance happened at a time when dozens of other politicians of
the same political party were being kidnapped, injured, and killed, accepted that
the authorities had failed to protect the right to life of the applicant’s brother and
found a violation of Article 2 of the Convention.173
iii) Reports Compiled by International Organisations
The Court regularly relies on reports compiled by governmental and non-governmental organisations. For example, in examining allegations relating to prison
conditions, the Court frequently relies on the reports of the Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
based on that organisation’s visits to prisons in the territory of the respondent
Contracting Party.174 Furthermore, reports prepared by such organisations enable
169 Akdeniz v. Turkey, no. 25165/94, 31 May 2005.
170 Ibid., §§ 81–82.
171 See e.g. Nizomkhon Dzhurayev v. Russia, no. 31890/11, 3 October 2013, §§ 19–27, in which the Court included witness statements collected by the applicant’s lawyer who travelled to Tajikistan to collect
information in respect of the ill-treatment of detainees and, specifically, of those who had been
questioned in the criminal proceedings initiated against the applicant and his co-accused.
172 Koku v. Turkey, no. 27305/95, 31 May 2005.
173 Ibid., § 131.
174 See e.g. Iacov Stanciu v. Romania, no. 35972/05, 24 July 2012, §§ 125–127.
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