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
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
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
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
Mikayil Mammadov group v. Azerbaijan
Violation: Excessive use of force by the security forces and lack of effective investigations.
Last examination: December 2023 - CM/Del/Dec(2023)1483/H46-5
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
L.B. group v. Belgium & W.D. v. Belgium
Violation: Structural problem concerning the care of persons with mental health problems detained in prison.
Last examination: September 2023 - CM/Del/Dec(2023)1475/H46-8
Vasilescu v. Belgium
Violation: Structural problem concerning prison overcrowding, material conditions of detention and lack of effective remedies.
Last examination: September 2023 - CM/Del/Dec(2023)1475/H46-9
Yordanova and Others group v. Bulgaria & Paketova and Others v. Bulgaria
Violation: Eviction of persons of Roma origin on the basis of legislation not requiring adequate examination of the proportionality of the measure. Roma being driven away from their homes after anti-Roma protests and not being able to return.
Last examination: September 2022 (Yordanova and Others group v. Bulgaria) - CM/Del/Dec(2022)1443/H46-8
First examination (Paketova and others v. Bulgaria)
Tkhelidze group v. Georgia
Violation: Failure to protect from domestic violence and to conduct an effective investigation into police inaction.
Last examination: December 2023 - CM/Del/Dec(2023)1483/H46-14
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
Bekir-Ousta and Others group v. Greece
Violation: Refusal of domestic courts to register associations or dissolution of the applicants’ associations.
Last examination: June 2024 - CM/Del/Dec(2024)1501/H46-14
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: December 2022 - CM/Del/Dec(2022)1451/H46-16
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
Abu Zubaydah v. Lithuania
Violation: Various violations related to the secret detention and "extraordinary rendition” of the applicant. As a result, the applicant is exposed to continued arbitrary detention and ill-treatment at the United States Naval Base in Guantanamo Bay.
Last examination: September 2023 - CM/Del/Dec(2023)1475/H46-20
I.D. group v. Republic of Moldova
Violation: Poor conditions of detention in facilities under the authority of the Ministries of the Interior and Justice, including lack of access to adequate medical care; absence of an effective remedy.
Last examination: September 2023 - CM/Del/Dec(2023)1475/A2b
Elmazova and Others v. North Macedonia
Violation: Discrimination of Roma pupils on account of their segregation in two State-run primary schools.
Last examination: First examination
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
Khashiyev and Akayeva group v. Russian Federation
Violation: Action of the security forces, mostly in the Chechen Republic.
Last examination: June 2022 - CM/Del/Dec(2022)1436/H46-24
Bryan and Others v. Russian Federation, Butkevich v. Russian Federation, Chemodurov group v. Russian Federation, Chirikov and Nekrasov group v. Russian Federation, Dzhavadov v. Russian Federation, Kazakov group v. Russian Federation, Kudeshkina v. Russian Federation & Verzilov and Others v. Russian Federation
Violation: Freedom of expression groups of cases
Last examination: First examination, except for Kudeshkina v. Russian Federation, last examined in December 2021 - CM/Del/Dec(2021)1419/H46-32
Dink v. TĂĽrkiye
Violation: Failure of the authorities to protect the life and freedom of expression of a journalist.
Last examination: September 2018 - CM/Del/Dec(2018)1324/H46-21
Genç and Demi̇rgan v. Türkiye
Violation: Failure to enforce domestic court decisions concerning the annulment of operation permit of a gold mine and the shutting down of thermal power plants and a starch factory for environmental reasons.
Last examination: September 2020 - CM/Del/Dec(2020)1383/H46-23
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
Maymulakhin and Markiv v. Ukraine
Violation: Absence of any form of legal recognition and protection for same-sex couples.
Last examination: First examination