Overview of Rule 9 Submissions in view of the Committee of Ministers' Deputies Human Rights Meeting December 2022

From 6-8 December 2022, the Council of Europe’s Committee of Minister’s Deputies will meet for their quarterly Human Rights Meeting. This meeting will examine several judgments of the European Court of Human Rights that are still pending implementation. The agenda consists of 45 cases from 21 members of the Council of Europe.

40 EIN members/partners, other civil society actors, lawyers and applicants have made the following submissions for 23 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

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Overview of Submissions

Luli and others group v. Albania

Violation: Excessive length of civil and criminal proceedings and absence of a remedy in that respect.

Last Examination: CM/Del/Dec(2020)1377/H46-1 - June 2020

Chiragov and others v. Armenia

Violation: Impossibility for persons displaced during the active military phase (1992-1994) of the Nagorno-Karabakh conflict to gain access to their homes and properties in the region; lack of effective remedies. 

Last Examination: CM/Del/Dec(2022)/1443/A1 - September 2022 

Latest Submission:

 1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (28/10/2022) (EHRAC) in the case of CHIRAGOV AND OTHERS v. Armenia (Application No. 13216/05) and SARGSYAN v. Azerbaijan (Application No. 40167/06)

Khadija Ismayilova group v. Azerbaijan

 Violation: Violations of the applicant’s right to privacy and freedom of expression in connection with her work as a journalist.

Last Examination: CM/Del/Dec(2022)1436/H46-1 - June 2022 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (27/10/2022) (Legal Education Society) in the case of Khadija Ismayilova v. Azerbaijan (Application No. 65286/13)

Mammadli group v. Azerbaijan

Violation: Arrest and pre-trial detention to punish the applicants for his activities in the area of electoral monitoring or for their active social and political engagement in breach of Article 18 taken in conjunction with Article 5.

 Last Examination: CM/Del/Dec(2022)1443/H46-3 - September 2022

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (14/11/2022) in the case of Aliyev v. Azerbaijan (Application No. 68762/14) (Mammadli group, 47145/14)

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (14/11/2022) in the case of Azizov and Novruzlu v. Azerbaijan (Application No. 65583/13) (Mammadli group, 47145/14)

 1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (21/11/2022) in the case of Yunusova and Yunusov v. Azerbaijan (No. 2) (Application No. 68817/14) (Mammadli group, 47145/14)

Namazov group v. Azerbaijan

Violation: Lack of procedural safeguards in disciplinary proceedings, having led to the applicants’ disbarment for breach of professional ethics following verbal altercations with a judge.

Last Examination: CM/Del/Dec(2021)1411/H46-4 - September 2021 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from NGOs (20/10/2022) (European Human Rights Advocacy Centre, the Independent Lawyers Network and the International Partnership for Human Rights) in the case of Namazov v. Azerbaijan (Application No. 74354/13)

Sargsyan v. Azerbaijan

Violation: Impossibility for persons displaced during the active military phase (1992-1994) of the Nagorno-Karabakh conflict to gain access to their homes and properties in the region; lack of effective remedies.

 Last Examination: CM/Del/Dec(2022)/1443/A1 - September 2022

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (28/10/2022) (EHRAC) in the case of CHIRAGOV AND OTHERS v. Armenia (Application No. 13216/05) and SARGSYAN v. Azerbaijan (Application No. 40167/06)

United Macedonian Organisation Ilinden and others group v. Bulgaria

 Violation: Unjustified refusals by the courts to register an association aiming at achieving "the recognition of the Macedonian minority in Bulgaria".

Last Examination: CM/Del/Dec(2022)1428/H46-7 - March 2022

Latest Submission:

 1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (25/10/2022) in the case of UMO ILINDEN AND OTHERS v. Bulgaria (Application No. 59491/00)

J.M.B. and others v. France

Violation: Poor conditions of detention (overcrowding) and lack of an effective preventive remedy.

Last Examination: CM/Del/Dec(2021)1411/H46-12 - September 2021

Latest Submission:

1451e réunion (décembre 2022) (DH) - Règle 9.4 - Communication d'une autre organisation (Conseil national des barreaux) (02/11/2022) relative à l'affaire J.M.B. et autres c. France (requête n° 9671/15)  

1451e réunion (décembre 2022) (DH) - Règle 9.4 - Communication d'une autre organisation (Syndicat de la magistrature)) (02/11/2022) relative à l'affaire J.M.B. c. France (requête n° 9671/15)

1451e réunion (décembre 2022) (DH) - Règle 9.2 - Communication d'une NHRI (Commission nationale consultative des droits de l’homme (CNCDH) et Contrôleur général des lieux de privation de liberté (CGLPL)) (02/11/2022) relative à l'affaire J.M.B. c. France (requête n° 9671/15)

Khan v. France

Violation: Lack of care and protection of an unaccompanied foreign minor given his living conditions in the Calais “lande” and the non-enforcement of the order of the juvenile judge aimed at protecting him.

Last Examination: CM/Del/Dec(2021)1419/H46-13 - 30 November - 2 December 2021

Latest Submission:

1451e réunion (décembre 2022) (DH) - Règle 9.2 - Communication d'une ONG (Collectif d’associations de Calais) (24/10/2022) relative à l'affaire Khan c. France (requête n° 12267/16)

1451e réunion (décembre 2022) (DH) - Règle 9.2 - Communication d'une ONG (Défenseurs des droits de l'homme) (13/10/2022) dans l'affaire Khan c. France (requête n°°12267/16)  

Identoba and others group v. Georgia

Violation: Lack of protection against homophobic attacks during demonstrations.

Last Examination: CM/Del/Dec(2021)1419/H46-14 - 30 November -2 December 2021

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (27/10/2022) (Social Justice Center) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from NGOs (18/10/2022) (Social Justice Center and EHRAC) in the case of Mikeladze and Others v. Georgia (Application No. 54217/16) (Identoba and Others group, 73235/12)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NHRI (Public Defender of Georgia) (21/10/2022) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from NGOs (19/10/2022) (European Human Rights Advocacy Centre, the Georgian Young Lawyers' Association and the Women's Initiatives Supporting Group) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

Tkhelidze v. Georgia

Violation: Failure to protect from domestic violence and to conduct an effective investigation into police inaction. 

First Examination

 Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NHRI (Public Defender of Georgia) (19/10/2022) in the case of Tkhelidze v. Georgia (Application No. 33056/17)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from NGOs (26/10/2022) (Georgian Young Lawyers’ Association, Union Sapari, European Human Rights Advocacy Centre, International Partnership for Human Rights) in the case of Tkhelidze v. Georgia (Application No. 33056/17)

Bekir-Ousta and others group v. Greece

Violation: Refusal of domestic courts to register associations.

Last Examination:

CM/Del/Dec(2022)1436/H46-8 - June 2022 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicants (12/10/2022) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05)

1451st meeting (December 2022) (DH) - Rule 9.3 - Communication from an IGO (The Expert Council on NGO Law of the Conference of INGOs of the Council of Europe) (19/10/2022) in the case of Bekir-Ousta and Others v. Greece (Application No. 35151/05)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (29/09/2022) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05)

Gubacsi group v. Hungary

 Violation: Inhuman and degrading treatment by law enforcement officers and/or the lack of adequate investigations in this respect.

Last Examination:

CM/Del/Dec(2021)1419/H46-16 - 30 November - 2 December 2021 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (26/10/2022) (Hungarian Helsinki Committee) in the case of GUBACSI v. Hungary (Application No. 44686/07)

X. v. North Macedonia

 Violation: Lack of legislation governing the conditions and procedures for changing on birth certificates the registered sex of transgender people.

Last Examination:

CM/Del/Dec(2021)1419/H46-24 - December 2021 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from NGOs (Sexual and Health Rights of Marginalized Communities (MARGINS), and TransFormA) (03/10/2022) in the case of X v. "the former Yugoslav Republic of Macedonia" (Application No. 29683/16)

Al Nashiri group v. Poland

 Violation: Various violations related to the secret detention and "extraordinary rendition” of the applicant. As a result, the applicant was exposed to a serious risk of further ill-treatment and conditions of detention in breach of Article 3 as well as of further secret detention. He faces a risk of capital punishment in a trial before a United States military commission in which, according to the European Court's judgment, evidence obtained under torture might be used.

Last Examination: CM/Del/Dec(2022)1428/H46-21 - March 2022

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (18/10/2022) in the case of AL NASHIRI v. Poland (Application No. 28761/11)

Reczkowicz group and Broda and Bojara v. Poland

 Violation: Tribunal not established by law due, inter alia, to the fact that Supreme Court judges were appointed in a deficient procedure involving the National Council of the Judiciary, a body which since 2018 offered no sufficient guarantees of independence; violation of the right to access to court on account of the absence of judicial examination of the premature termination of the applicants’ term of office as vice-presidents of a regional court.

 First Examination

 Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights (HFHR)) (18/10/2022) in the case of Broda and Bojara v. Poland (Application No. 26691/18)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights (HFHR)) (17/10/2022) in the case of Reczkowicz v. Poland (Application No. 43447/19)

Catan and others group v. Russia Federation

 Violation: Violation of the right to education of children and parents using Latin-script schools in the Transnistrian region of the Republic of Moldova. 

Last Examination: CM/Del/Dec(2022)1436/H46-21 - June 2022 

Latest Submission:

 1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (24/10/2022) (Promo-Lex) in the cases of MOZER and CATAN AND OTHERS v. Russian Federation (Applications No. 11138/10, 43370/04)

Mozer group v. Russia Federation

Violation: Various violations relating to the Transnistrian region of the Republic of Moldova. 

Last Examination: CM/Del/Dec(2022)1436/H46-25 - June 2022

Latest Submission:

 1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (04/10/2022) in the case of Istratiy v. Russian Federation (Application No. 15956/11) (Mozer group, 11138/10)  

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (24/10/2022) (Promo-Lex) in the cases of MOZER and CATAN AND OTHERS v. Russian Federation (Applications No. 11138/10, 43370/04)

S.C. Polyinvest S.R.L. and Others v. Romania

Violation: Non-implementation of arbitral awards or final domestic court decisions ordering State-controlled companies to pay various sums to the applicant companies.

Last Examination: CM/Del/Dec(2022)1443/H46-22 - September

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (05/12/2022) in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. and Others (No. 20752/07))

Kačapor and others group v. Serbia

Violation: Non-enforcement of domestic decisions, including against socially-owned companies.

Last Examination: CM/Del/Dec(2020)1377/H46-35 - June 2020 

Latest Submission:

 Applicant Communications

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (20/10/2022) in the case of Popovic and Others v. Serbia (Application No. 31634/20) (R. Kacapor group, 2269/06)

NGO/NHRI Communications

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (02/11/2022) (Lawyers' Committee for Human Rights (YUCOM)) in the case of R. KACAPOR v. Serbia (Application No. 2269/06)

Selahattin Demirtaş (no. 2) group v. Türkiye

Violation: Unjustified detention of the applicant (Selahattin Demirtaş (No. 2)) without reasonable suspicion that he had committed an offence, with the ulterior purpose of stifling pluralism and limiting freedom of political debate. Unforeseeable lifting of the parliamentary immunity and subsequent criminal proceedings to penalise the applicants for their political speeches. 

Last Examination:  CM/Del/Dec(2022)1443/H46-29 - September 2022

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (14/11/2022) in the case of Encu and others v. Turkey (Application No. 56543/16) (Selahattin Demirtas (no. 2) group, 14305/17)

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (17/10/2022) in the case of Selahattin Demirtas v. Turkey (No. 2) (Application No. 14305/17)

1451st meeting (December 2022) (DH) - Rules 9.2 and 9.6 - Reply from the authorities (14/11/2022) following a communication from NGOs (04/11/2022) in the case of Selahattin Demirtas v. Turkey (no. 2) (Application No. 14305/17)

Kavala v. Türkiye

Violation: Unjustified and extended detention of the applicant without reasonable suspicion and with the ulterior purpose of reducing him to silence. 

Last Examination: CM/Del/Dec(2022)1443/H46-30 - September 2022 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.1 - Communication from the applicant (12/10/2022) in the case of Kavala v. Turkey (Application No. 28749/18)

Opuz group v. Türkiye

Violation: Failure to provide protection from domestic violence.

Last Examination: CM/Del/Dec(2020)1390/H46-24 - December 2020 

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (İNSAN HAKLARI DERNEĞİ (HUMAN RIGHTS ASSOCIATION)) (21/10/2022) in the case of OPUZ v. Turkey (Application No. 33401/02)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (Association for Struggle Against Sexual Violence) (18/10/2022) in the case of OPUZ v. Turkey (Application No. 33401/02)

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (Mor Cati Women's shelter Foundation) (12/10/2022) in the case of OPUZ v. Turkey (Application No. 33401/02)

Mckerr group v. United Kingdom

Violation: Actions of security forces in Northern Ireland in the 1980s and 1990s; failure to conduct Article 2 - compliant investigations.

 Last Examination:

CM/Del/Dec(2022)/1443/H46-32 - September 2022

Latest Submission:

1451st meeting (December 2022) (DH) - Rule 9.2 - Communication from an NGO (28/10/2022) (Committee on the Administration of Justice) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)