Overview of Rule 9 Submissions in view of the Committee of Ministers' Deputies Human Rights Meeting March 2022
/From 8-10 March 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 43 cases from 21 members of the Council of Europe.
36 EIN members/partners, other civil society actors, lawyers and applicants have made the following submissions for 21 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.
Overview of Submissions
SHARXHI AND OTHERS v. Albania (Application No. 10613/16)
Violation: Demolition of the applicants’ flats and business premises in disregard of an interim court order restraining the authorities from taking any action that could breach property rights
Last Examination: First examination - Case under standard procedure
Submissions:
SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06)
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)1419/H46-7 - November - December 2021
Submissions:
United Macedonian Organisation Ilinden and Others group v. Bulgaria (Application No. 59491/00)
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(2021)1406/H46-9 - June 2021
Submissions:
M.A. GROUP v. FRANCE (Application No. 9373/15)
Violation: Expulsion to Algeria in presence of a real and serious risk of ill-treatment (M.A.) and failure to comply with the Court’s interim measure (M.A. and A.S. cases).
Last Examination: CM/Del/Dec(2021)1406/H46-10 - June 2021
Submissions:
MOUSTAHI v. FRANCE (Application No. 9347/14)
Violation: Detention and rapid return of two foreign unaccompanied minors from Mayotte to the Comoros, without an examination of their individual situation
Last Examination: CM/Del/Dec(2021)1406/H46-11 - June 2021
Submissions:
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 pressuring the applicant into providing information on matters unrelated to the criminal case against him.
Last Examination: CM/Del/Dec(2021)1411/H46-13 (September 2021)
Submissions:
TSINTSABADZE GROUP v. GEORGIA (Application No. 35403/06)
Violation: Lack of effective investigations into allegations of ill-treatment or violations of the right to life; excessive use of force by the police in the course of arrest and/or while detaining suspects.
Last Examination: CM/Del/Dec(2020)1390/H46-10 (December 2020)
Submissions:
NISIOTIS v. Greece (Application No. 34704/08)
Violation: Prison overcrowding and other poor conditions in prison and lack of effective remedy.
Last Examination: CM/Del/Dec(2020)1390/H46-11 - December 2020
Submissions:
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(2021)1411/H46-16 - September 2021
Submissions:
SZABO AND VISSY v. HUNGARY (Application No. 37138/14)
Violation: Absence of sufficient guarantees against abuse in legislation on secret surveillance.
Last Examination: CM/Del/Dec(2017)1302/H46-14 - December 2017
Submissions:
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(2021)1411/H46-21- September 2021
Submission:
AL NASHIRI GROUP v. POLAND (Application No. 28761/11)
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(2021)1411/H46-24 - September 2021
Submissions:
SĂCĂLEANU GROUP[1] v. ROMANIA (Application No. 73970/01)
Violation: Failure or substantial delay in the enforcement of final domestic judicial decisions against the State and State-owned enterprises
Last Examination: CM/Del/Dec(2021)1398/H46-23 - March 2021
Submissions:
LASHMANKIN AND OTHERS GROUP v. RUSSIAN FEDERATION (Application No. 57818/09+)
Violation: Different violations mainly related to the right to freedom of peaceful assembly (reactions to notifications of planned assemblies, reactions to peaceful assemblies, unlawful arrests).
Last Examination: CM/Del/Dec(2021)1406/H46-29 - June 2021
Submissions:
TOMOV AND OTHERS GROUP v. RUSSIAN FEDERATION (Application No. 18255/10)
Violation: Transport of detained in poor conditions.
Last Examination: CM/Del/Dec(2021)1398/H46-28 - March 2021
Submissions:
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(2021)1411/H46-33 - September 2021
Submissions:
KAVALA v. TURKEY (Application No. 28749/18)
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(2021)1419/H46-38 - November-December 2021
Submissions:
Violation: Unjustified interferences with freedom of expression, in particular through criminal proceedings, including defamation, and the consequent chilling effect. Unforeseeable conviction of membership of an illegal organisation for the mere fact of attending a public meeting and expressing views there.
Last Examination:
CM/Del/Dec(2021)1406/H46-35 - June 2021
CM/Del/Dec(2021)1406/H46-34 - June 2021
Submissions:
SELAHATTİN DEMİRTAŞ (No 2) v. TURKEY (Application No.14305/17)
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)1419/H46-39 - November-December 2021
Submissions:
Violation: Ill-treatment/torture by police and lack of effective investigations.
Last Examination: CM/Del/Dec(2021)1398/H46-35 - March 2021
Submission:
McKERR GROUP UNITED KINGDOM (Application No.28883/95)
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(2021)1419/H46-44 - November-December 2021
Submissions: