Overview of Rule 9 Submissions in view of the Committee of Minister’s Deputies Human Rights Meeting September 2021

From the 14th-16th of September, 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.

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

Overview of Submissions

Strazimiri v. Albania (Application No. 34602/16)

Violation: Poor conditions of detention and inadequate medical treatment of a mentally ill person subject to a court-ordered compulsory medical treatment; unlawful detention in an inadequate (penitentiary) institution without proper psychiatric treatment; failure to examine speedily the lawfulness of the applicant's detention; absence of right to compensation.

First Examination

Submissions:

• Rule 9.2 - Communication from an NGO (European Centre Foundation) (27/07/2021) in the case of Strazimiri v. Albania (Application No. 34602/16)

Anar Mammadli v. Azerbaijan (Application No. 47145/14)

Human Rights House Foundation

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

Last Examination: CM/Del/Dec(2021)1406/H46-4 (June 2021)

Submissions:

• Rule 9.1 - Communication from the applicant (06/08/2021) in the case of Mammadli v. Azerbaijan (Application No. 47145/14)

 Aslan Ismayilov, Namazov and Bagirov v. Azerbaijan (Namazov group) (Applications No. 18498/15, 74354/13, 81024/12)

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.

First examination

Submissions:

• Rule 9.1 - Communication from the applicant (02/08/2021) in the cases of Aslan Ismayilov, Namazov and Bagirov v. Azerbaijan (Namazov group) (Applications No. 18498/15, 74354/13, 81024/12)  

 Sargsyan v. Azerbaijan (Application No. 40167/06)

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

Last Examined: CM/Del/Dec(2021)1406/A1 (June 2021)

Submissions:

• Rules 9.2 and 9.6 - Communication from NGOs (Open Society Foundations-Armenia, Protection of Rights without Borders NGO, Helsinki Citizens Assembly of Vanadzor, Transparency International Anticorruption Center, Law Development and Protection Foundation (04/06/2021) in the case of Sargsyan v. Azerbaijan and reply from the authorities (10/06/2021) (Application No. 40167/06)

L.B. group of cases v. Belgium (Application No. 22831/08) 

Violation: Structural problem concerning the care of persons with mental health problems detained in prison.

Last Examined: CM/Del/Dec(2018)1324/H46-3 (September 2018)

Submissions:

• Règles 9.2 et 9.6 - Réponse des autorités (30/07/2021) suite à une communication d'une INDH (Centre Interfédéral pour l’égalité des chances (UNIA)) (20/07/2021) dans le groupe d’affaires L.B. c. Belgique (requête n° 22831/08)

Sejdic and Finci v. Bosnia and Herzegovina (Application No. 27996/06)

Minority Rights Group International

 Violation: Ethnic-based discrimination on account of the ineligibility of persons not affiliated with one of the “constituent peoples” (Bosniaks, Croats or Serbs) to stand for election to the House of Peoples and the Presidency.

Last Examination: CM/Del/Dec(2021)1406/H46-7 (June 2021)

Submissions:

• Rule 9.2 - Communication from an NGO (Minority Rights Group International) (28/07/2021) in the case of SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06)

J.M.B.  and Others v. France (Application No. 9671/15)

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

First Examination

Submissions:

• Règle 9.4 - Communication d'une autre organisation (Conseil national des barreaux) (23/07/2021) dans l’affaire J.M.B. et autres c. France (requête n° 9671/15)

• Règle 9.4 - Communication d'une autre organisation (Syndicat des avocats de France) (22/07/2021) dans l’affaire J.M.B. et autres c. France (requête n° 9671/15)

• Règle 9.4 - Communication d'une autre organisation (Syndicat de la magistrature) (20/07/2021) dans l’affaire J.M.B. et autres c. France (requête n° 9671/15)

Merabishvili v. Georgia (Application No. 72508/13)

Violation: Failure of the domestic courts to give sufficiently reasoned decisions for the continued pre-trial detention of the applicant, a former Prime Minister and Minister of the Interior, and use of the pre-trial detention during this period by the Chief Public Prosecutor for the illegitimate purpose of pressurising the applicant into providing information on matters unrelated to the criminal case against him.

Last Examination: CM/Del/Dec(2021)1398/H46-9 (March 2021)

Submissions:

• Rules 9.2 and 9.6 - Communication from an NHRI (Public Defender’s Office of Georgia) (27/07/2021) in the case of Merabishvili v. Georgia (Application No. 72508/13) and reply from the authorities (09/08/2021)

Bekir-Ousta and Others group of cases v. Greece (Application No. 35151/05)

Violation: Refusal of domestic courts to register associations.

Last Examination: CM/Del/Dec(2021)1406/H46-12 (June 2021)

Submissions:

• Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (12/07/2021) in the BEKIR-OUSTA AND OTHERS group of cases v. Greece (Application No. 35151/05)

• Rule 9.1 - Communication from the applicant (28/07/2021) in the BEKIR-OUSTA AND OTHERS group v. Greece (Application No. 35151/05)

Makaratzis group of cases v. Greece (Application No. 50385/99)

Violation: Use of potentially lethal force and ill-treatment by law enforcement agents and lack of effective investigations.

Last Examination: CM/Del/Dec(2018)1331/H46-13 (December 2018) 

Submissions:

• Rules 9.2 and 9.6 - Communication from an NGO (Greek Helsinki Monitor) (05/07/2021) (appendices are available at the Secretariat upon request) [anglais uniquement] in the MAKARATZIS group of cases v. Greece (Application No. 50385/99) et réponse des autorités (08/07/2021)

• Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (12/07/2021) in the MAKARATZIS group of cases v. Greece (Application No. 50385/99) 

• Rule 9.1 - Communication from the applicants’ representative (12/07/2021) in the MAKARATZIS GROUP v. Greece (Application No. 50385/99)

Baka v. Hungary (Application No. 20261/12) 

Amnesty International Hungary

Violation: Lack of access to a court as regards the premature termination of the applicant’ s mandate as President of the Supreme Court which also led to a violation of his right to freedom of expression.

Last Examination: CM/Del/Dec(2020)1383/H46-8 (29 September – 1 October 2020)

Submissions:

• Rule 9.2 - Communication from NGOs (Amnesty International Hungary and the Hungarian Helsinki Committee) (30/07/2020) concerning the case of BAKA v. Hungary (Application No. 20261/12) 

Abu Zubaydah v. Lithuania (Application No. 46454/11) 

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: CM/Del/Dec(2020)1390/H46-15 (December 2020)

Submissions:

• Rule 9.2 - Communication from an NGO (Human Rights in Practice) (28/07/2021) in the case of Abu Zubaydah v. Lithuania (Application No. 46454/11)

Levinta v. the Republic of Moldova (Application No. 17332/03)

Violation: Ill-treatment and torture in police custody; ineffective investigations; lack of an effective remedy; conviction based on evidence obtained under torture.

Last Examination: CM/Del/Dec(2018)1331/H46-16 (December 2018) 

Submissions:

• Rule 9.2 - Communication from NGOs (LRCM and Promo-Lex) (27/07/2021) in the case of LEVINTA v. the Republic of Moldova (Application No. 17332/03

Al Nashiri and Husayn (Abu Zubaydah) v. Poland (Applications No. 28761/11, 7511/13)

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(2020)1390/H46-16 (December 2020)

Submissions:

• Rule 9.2 - Communication from NGOs (Open Society Justice Initiative and Human Rights in Practice) (27/07/2021) in the cases of Al Nashiri and HUSAYN (ABU ZUBAYDAH) v. Poland (Applications No. 28761/11, 7511/13) 

Al Nashiri v. Romania (Application No. 33234/12)

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(2020)1390/H46-17 (December 2020)

Submissions:

• Rule 9.2 - Communication from an NGO (Open Society Justice Initiative) (27/07/2021) in the case of Al Nashiri v. Romania (Application No. 33234/12)  

Navalnyye (Navalnyy and Ofitserov group), Navalnyy and Navalnyy (No. 2) v. Russian Federation (Applications No. 101/15, 29580/12, 43734/14)

Alexey Navalny. Photo copyright of Evgenly Isaev, Creative Commons Licence, Flickr

Violation: Criminal conviction based on an unfair trial and an arbitrary application of criminal law (violations of Articles 6 and 7).

Last Examination: CM/Del/Dec(2021)1406/H46-30 (June 2021)

Submissions:

• Rule 9.1 - Communication from the applicant (04/08/2021) in the cases of Navalnyye (Navalnyy and Ofitserov group), Navalnyy and Navalnyy (No. 2) v. Russian Federation (Applications No. 101/15, 29580/12, 43734/14)

OAO Neftyanaya Kompaniya Yukos v. Russian Federation (Application No. 14902/04) 

Violation: Violations concerning tax and enforcement proceedings brought against the applicant oil company, leading to its liquidation in 2007.

Last Examination: CM/Del/Dec(2020)1383/H46-19 (29 September – 1 October 2020)

Submissions:

• Rule 9.1 - Communication from the applicant (02/08/2021) in the case of OAO NEFTYANAYA KOMPANIYA YUKOS v. Russian Federation (Application No. 14902/04)

Bati and Others group of cases v. Turkey (Application No. 33097/96) 

Violation: Ill-treatment by the police and the gendarmerie; actions of security forces during military and police operations; ineffective investigations.

Last Examination: CM/Del/Dec(2020)1383/H46-21 (29 September – 1 October 2020)

Submissions:

• Rule 9.2 - Communication from NGOs (Truth Justice Memory Center (Hafıza Merkezi), Human Rights Association (İnsan Hakları Derneği), and Human Rights Foundation of Turkey (Türkiye İnsan Hakları Vakfı)) (31/07/2020) concerning the BATI AND OTHERS group of cases v. Turkey (Application No. 33097/96) 

Kavala v. Turkey (Application No. 28749/18)

Amnesty International Europe

Violation: Unjustified and arbitrary detention of the applicants without providing objective evidence, and with the ulterior purpose of reducing the applicant to silence in the case of Kavala.

Last Examination: CM/Del/Dec(2021)1406/H46-31 (June 2021)

Submissions:

• Rule 9.1 - Communication from the applicant (30/08/2021) in the case of Kavala v. Turkey (Application No. 28749/18)

Kasa group and Erdogan (and Others group) v. Turkey (Applications No. 45902/99, 19807/92)

Violation: Ill-treatment by the police and the gendarmerie; actions of security forces during military and police operations; ineffective investigations.

Last Examination: CM/Del/Dec(2020)1383/H46-21 (29 September – 1 October 2020) 

Submissions:

• Rule 9.2 - Communication from NGOs (Truth Justice Memory Center (Hafıza Merkezi), Human Rights Association (İnsan Hakları Derneği), and London Legal Group) (26/01/2021) in the cases of Kasa group and Erdogan and Others group v. Turkey (Applications No. 45902/99, 19807/92)

Selahattin Demirtas v. Turkey (No. 2) (Application No. 14305/17)

Human Rights Watch

Violation: Unjustified detention of the applicant 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 parliamentary immunity and subsequent criminal proceedings to penalise the applicant for political speech.

Last Examination: CM/Del/Dec(2021)1406/H46-32 (June 2021)

Submissions:

• Rule 9.1 - Communication from the applicant (26/07/2021) in the case of Selahattin Demirtas v. Turkey (No. 2) (Application No. 14305/17)

• Rule 9.2 - Communication from NGOs (ARTICLE 19, Human Rights Watch, the International Commission of Jurists, the International Federation for Human Rights and the Turkey Human Rights Litigation Support Project) (26/07/21) in the case of Selahattin Demirtas v. Turkey (No. 2) (Application No. 14305/17)

Orphanides v. Turkey (Xenides Arestis group) (Application No. 36705/97)

Violation: Continuous denial of access to property in the northern part of Cyprus (individual measures and just satisfaction).

Last Examination: CM/Del/Dec(2020)1377bis/A2 (September 2020)

Submissions:

• Rule 9.1 - Communication from the applicant (15/07/2021) in the case of ORPHANIDES v. Turkey (Xenides Arestis group) (Application No. 36705/97)

Zelentsov (Kuzmenko) v. Ukraine (Application No. 40978/05) (Svetlana Naumenko group)

Violation: Excessive length of criminal and civil proceedings and lack of effective remedy.

Last Examination: CM/Del/Dec(2020)1383/H46-24 (29 September – 1 October 2020)

Submissions:

• Rule 9.1 - Communication from the applicant (18/02/2021) in the case of Zelentsov (Kuzmenko) v. Ukraine (Application No. 40978/05) (Svetlana Naumenko group)

Dembo and Others v. Ukraine (Application No. 2778/18) under PETUKHOV v. Ukraine (no. 2) (Application No. 41216/13)

Violation: Irreducibility of life sentence and lack of appropriate medical care in prison.

First Examination

Submissions:

• Rule 9.1 - Communication from the applicant (10/06/2021) in the case of Dembo and Others v. Ukraine (Application No. 2778/18)