Overview of Rule 9 Submissions in view of the Committee of Ministers' Deputies Human Rights Meeting in December 2024

đź“… From the 3rd to the 5th of December 2024, the Committee of Ministers will meet for their quarterly Human Rights Meeting. During this meeting, the Committee of Ministers will examine 55 leading judgments of the European Court of Human Rights that are pending implementation. 

đź“š EIN members and partners, other civil society actors, lawyers and applicants have made 38 Rule 9 submissions in 28 leading cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

 

Overview of Submissions

 

X and Others v. Albania 

Violation: Failure to implement swift and comprehensive desegregation measures in an elementary school attended almost exclusively by Roma and Egyptian children. 

Last examination: First examination 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rule 9.2 - Communication from an NGO (The European Roma Rights Centre) (21/10/2024) concerning the case of X and Others v. Albania (Application No. 73548/17) [anglais uniquement] [DH-DD(2024)1252] 

 

Oganezova v. Armenia 

Violation: Lack of protection against homophobic attacks and hate speech; failure to carry out effective investigation; absence of effective domestic criminal-law mechanism for investigating discrimination complaints. 

Last examination: June 2023 - CM/Del/Dec(2023)1468/H46-1 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rules 9.2 and 9.6 - Communication from NGOs (Pink Armenia, EHRAC, ILGA Europe) (21/10/2024) concerning the case of Oganezova v. Armenia (Application No. 71367/12) and reply from the authorities (29/10/2024) [anglais uniquement] [DH-DD(2024)1244]

 

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: September 2024 - CM/Del/Dec(2024)1507/H46-4 

Latest submission(s): 1507th meeting (September 2024) (DH) - Rule 9.2 - Communication from NGOs (Free Voices Collective (FVC), Independent Lawyers Network (ILN), European Human Rights Advocacy Centre (EHRAC) and International Partnership of Human Rights (IPHR)) (08/08/2024) concerning the group of cases Mammadli v. Azerbaijan (Application No. 47145/14) [anglais uniquement] [DH-DD(2024)941]

 

Namat Aliyev group v. Azerbaijan 

Violation: Various irregularities in the context of the 2005 and 2010 parliamentary elections and lack of safeguards against arbitrariness. 

Last examination: March 2020 - CM/Del/Dec(2020)1369/H46-4 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rule 9.2 - Communication from an NGO (Free Voices Collective) (17/10/2024) concerning the NAMAT ALIYEV group of cases v. Azerbaijan (Application No. 18705/06) [anglais uniquement] [DH-DD(2024)1240]

 
 

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: September 2024 - CM/Del/Dec(2024)1507/H46-5 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rule 9.1 - Communication from the applicant (22/10/2024) concerning the case of SARGSYAN v. Azerbaijan (Application No. 40167/06) [anglais uniquement] [DH-DD(2024)1220]

 
 
 
 
 

Basu v. Germany 

Violation: Lack of independent effective investigation into arguable allegations of racial profiling by the police during identity check on a train. 

Last examination: First examination 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rules 9.2 and 9.6 - Communication from an NHRI (German Institute for Human Rights) (09/10/2024) in the case of Basu v. Germany (Application No. 215/19) and reply from the authorities (18/10/2024) [anglais uniquement] [DH-DD(2024)1202-rev]

 
 

Cordella and Others group v. Italy 

Violation: Lack of reaction on the part of the authorities to air pollution by steelworks, to the detriment of the surrounding population’s health and lack of an effective remedy to obtain decontamination of the affected areas. 

Last examination: June 2022 - CM/Del/Dec(2022)1436/H46-11 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rule 9.2 - Communication from an NGO (StraLi for Strategic Litigation) (25/10/2024) concerning the group of cases Cordella and Others v. Italy (Application No. 54414/13) [anglais uniquement] [DH-DD(2024)1284]

 
 
 
 

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: September 2023 - CM/Del/Dec(2023)1475/H46-23 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (Human Rights in Practice) (23/10/2024) concerning the cases of HUSAYN (ABU ZUBAYDAH) v. Poland (Application No. 7511/13) (Al Nashiri group, 28761/11) and Abu Zubaydah group v. Lithuania (Application No. 46454/11) and reply from Poland (31/10/2024). [anglais uniquement] [DH-DD(2024)1309]

 
 
 
 
 

Kavala v. TĂĽrkiye 

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

Last examination: September 2024 - CM/Del/Dec(2024)1507/H46-37 

Latest submission(s): 1514th meeting (December 2024) (DH) - Rule 9.1 - Communication from the applicant (25/11/2024) concerning the case of Kavala v. TĂĽrkiye (Application No. 28749/18) [anglais uniquement] [DH-DD(2024)1415]