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

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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.

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)

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

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From 20-22 September 2022, the Council of Europe’s Committee of Minister’s Deputies will meet for their the 1443rd 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 32 cases from 19 members of the Council of Europe.

EIN members/partners, other civil society actors, lawyers and applicants have made 31 Rule 9 submissions for 17 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

Overview of Submissions

Mahmudov and Agazade Group v. Azerbaijan

Violation: Violation of the right to freedom of expression, arbitrary application of the law on defamation.

Last Examination: CM/Del/Dec(2021)1419/H46-3 - 30 November - 2 December 2021

Latest Submissions:

Communication from an NGO (International Partnership for Human Rights) (19/08/2022) in the case of MAHMUDOV AND AGAZADE v. Azerbaijan (Application No. 35877/04)

Communication from an NGO (Media Rights group) (18/08/2022) in the case of MAHMUDOV AND AGAZADE v. Azerbaijan (Application No. 35877/04)

Ramazanova and others Group v. Azerbaijan

Violation: Breach of the right to freedom of association on account of the MoJ failure to respond on the applicants' requests for registration of their associations.

First examination (Standard procedure)

Latest submissions:

Communication from the applicant (08/09/2022) in the case of Democracy and Human Rights Resource Centre and Mustafayev v. Azerbaijan (Application No. 74288/14) (Ramazanova group, 44363/02)

Communication from the applicant (17/08/2022) in the case of Abdullayev and Others v. Azerbaijan (Application No. 69466/14) (Ramazanova group, 44363/02)

Bell v. Belgium

Violation: Excessive length of civil proceedings.

Last Examination: CM/Del/Dec(2021)1406/H46-6 - June 2021

Latest Submission: Communication from an NHRI (Institut Fédéral pour la protection et la promotion des Droits Humains (IFDH)) (29/07/2022) in the case of BELL v. Belgium (Application No. 44826/05)

Yordanova 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.

Last Examination: CM/Del/Dec(2021)1419/H46-9 - 30 November - 2 December 2021

Latest Submission: Communication from an NGO (Bulgarian Helsinki Committee) (21/07/2022) in the cases of YORDANOVA AND OTHERS and IVANOVA AND CHERKEZOV v. Bulgaria (Applications No. 25446/06, 46577/15)

Ilias and Ahmed Group v. Hungary

Violation: Authorities’ failure to assess the risks of ill-treatment before expelling the applicants, asylum-seekers, to a “safe third country”.

Last Examination: CM/Del/Dec(2021)1419/H46-17 - 30 November - 2 December 2021

Latest Submissions: Communication from an NGO (Hungarian Helsinki Committee) (05/08/2022) in the case of Ilias and Ahmed v. Hungary (Application No. 47287/15)

Communication from the Council of Europe Commissioner for Human Rights (12/08/2022) in the Ilias and Ahmed group of cases v. Hungary (Application No. 47287/15)

László Magyar Group v. Hungary

Violation: Life sentence without parole in combination with the lack of an adequate review mechanism.

Last Examination:CM/Del/Dec(2018)1318/H46-11 - June 2018

Latest Submission: Communication from an NGO (Hungarian Helsinki Committee) (29/07/2022) in the case of LASZLO MAGYAR v. Hungary (Application No. 73593/10)

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: CM/Del/Dec(2021)1406/H46-19 - June 2021

Latest Submission: Communication from NGOs (Promo-LEX Association and European Prison Litigation Network (08/08/2022) in the case of I.D. v. the Republic of Moldova (Application No. 47203/06)

Tysiąc, R.R., and P. and S. v. Poland

Violation: Absence of an adequate legal framework for the exercise of the right to therapeutic abortion in the event of disagreement between the patient and the specialist doctor (Tysiac) and lack of access to prenatal test enabling to take an informed decision on whether to seek an abortion (R.R.). Failure to provide effective access to reliable information on the conditions and procedures to be followed to access lawful abortion lawful abortion (P. and S.).

Last Examination: CM/Del/Dec(2021)1419/H46-25 - 30 November - 2 December 2021

Latest Submission: Communication from NGOs (Center for Reproductive Rights and the Foundation for Women and Family Planning) (17/08/2022) in the cases of R.R., TYSIAC and P. and S. v. Poland (Applications No. 27617/04, 5410/03, 57375/08)

Cegolea v. Romania

Violation: Discrimination related to the right to stand in parliamentary election and lack of judicial review regarding the fulfilment of an eligibility requirement that disadvantages national minority organisations not yet represented in Parliament

First Examination

Latest Submission: Communication from an NGO (Vox Mentis Foundation) (29/07/2022) in the case of Cegolea v. Romania (Application No. 25560/13)

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

Violation: Non-implementation of arbitral awards ordering a State-controlled company to pay various sums to the applicant companies.

Last Examination: CM/Del/Dec(2021)1419/H46-28 - December 2021

Latest submission Communication from the applicant (12/09/2022) in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. v. Romania, 20752/07) (Sacaleanu group, 73970/01)

Buntov Group v. Russian Federation

Violation: Torture inflicted in a correctional colony and lack of an effective investigation into the applicants’ allegations of ill-treatment.

Last Examination: CM/Del/Dec(2021)1411/H46-29 - September 2021

Latest Submissions:

Communication from an NGO (European Prison Litigation Network) (22/08/2022) in the case of BUNTOV v. Russian Federation (Application No. 27026/10)

Communication from an NGO (Crew Against Torture) (01/08/2022) in the case of BUNTOV v. Russian Federation (Application No. 27026/10)

Communication from the applicant (29/08/2022) in the case of (29/08/2022) in the case of BUNTOV v. Russian Federation (Application No. 27026/10)

Navalnyy and Ofitserov v. Russian Federation

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

Last Examination: CM/Del/Dec(2022)1436/H46-26 - June 2022

Latest Submission: Communication from the applicant (02/06/2022) in the case of NAVALNYY AND OFITSEROV v. Russian Federation (Application No. 46632/13)

 Bati and Others Group v. Türkiye

Violation: Ineffectiveness of investigations against law enforcement officers in allegations of torture and ill-treatment and impunity.

Last Examination: CM/Del/Dec(2021)1411/H46-35 - September 2021

Latest Submission: Communication from NGOs (Truth Justice Memory Center, Human Rights Foundation of Turkey, and Human Rights Association) (29/07/2022)

Selahattin Demirtaş (no. 2) v. Turkey

Violation: Applicant’s arrest and pre-trial detention in the absence of reasonable suspicion that he had committed an offence and for the ulterior purpose of stifling pluralism and limiting freedom of political debate (Article 18 in conjunction with Article 5).

Last examination: CM/Del/Dec(2022)1436/H46-32 - June 2022

Latest submissions: Communication from the applicant (13/09/2022) 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)1436/H46-31 - June 2022

Latest Submissions: Communication from NGOs (Human Rights Watch; International Commission of Jurists; Turkey Human Rights Litigation Support Project) (01/09/2022) and reply from the authorities (09/09/2022) in the case of Kavala v. Türkiye (Application No. 28749/18)

Communication from the applicant (22/08/2022) in the case of Kavala v. Turkey (Application No. 28749/18)

Communication from the representative of the applicant (11/07/2022) in the case of Kavala v. Türkiye (Application No. 28749/18)

Xenides-Arestis Group v. Türkiye

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

Last Examination: CM/Del/Dec(2021)1411/H46-40 - September 2021

Latest Submissions: Communication from the applicant (29/08/2022) in the case of ORPHANIDES v. Turkey (Application No. 36705/97) (Xenides Arestis group, 46347/99)

Communication from the applicants (13/09/2022) in the cases of Demades, Diogenous and Tseriotis, Epiphaniou and Others, Evagorou Christou, Hadjiprocopiou and Others, Iordanis Iordanou, Lordos and Others, Ramon, Rock Ruby Hotels LTD, Saveriades, Skyropiia Yialias LTD and Xenides-Arestis v. Turkey (Applications No. 16219/90, 16259/90, 19900/92, 18403/91, 37395/97, 43685/98, 15973/90, 29092/95, 46159/99, 16160/90, 47884/99, 46347/99)

Communication from the applicant (13/09/2022) in the case of LOIZIDOU v. Turkey (Application No. 15318/89) (Xenides Arestis group, 46347/99)

McKerr v. the 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)1436/H46-35 - June 2022

Latest Submissions:

Communication from an NGO (Relatives for Justice) (01/09/2022) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

Communication from an NGO (The Malone House Group) (31/08/2022) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

Communication from the Council of Europe Commissioner for Human Rights (16/08/2022) in the MCKERR group of cases v. the United Kingdom (Application No. 28883/95)

Communication from an NHRI (Northern Ireland Human Rights Commission) (08/08/2022) in the case of MCKERR v. the United Kingdom (Application No. 28883/95) and reply from the authorities (22/08/2022)

Communication from an NGO (Committee on the Administration of Justice) (29/07/2022) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

Communication from an NGO (Relatives for Justice) (02/06/2022) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

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

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From 8-10 June 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 32 cases from 15 members of the Council of Europe.

24 EIN members/partners, other civil society actors, lawyers and applicants have made the following submissions for 16 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

 

Overview of Submissions

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

Last Examination: December 2020 - CM/Del/Dec(2020)1390/H46-3

Latest Submission:

1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (07/06/2022) in the case of Khadija Ismayilova v. Azerbaijan (Application No. 65286/13) [Anglais uniquement] (Public)

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: March 2022 - CM/Del/Dec(2022)1428/H46-4 

 Latest Submissions:

1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (06/05/2022) in the case of Yunusova and Yunusov (No. 2) v. Azerbaijan (Application No. 68817/14) (Mammadli group, 47145/14) [Anglais uniquement] [DH-DD(2022)511]

 1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (06/05/2022) in the case of Aliyev v. Azerbaijan (Application No. 68762/14) (Mammadli group, 47145/14) [Anglais uniquement] [DH-DD(2022)510]

 1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (Election Monitoring and Democratic Studies Centre) (24/02/2022) in the Mammadli group of cases v. Azerbaijan (Application No. 47145/14) [anglais uniquement] [DH-DD(2022)310]

VASILESCU GROUP v. Belgium

 Violation: Structural problem concerning prison overcrowding, material conditions of detention and lack of effective remedies

 Last Examination: March 2021- CM/Del/Dec(2021)1398/H46-3

 Latest Submission:

 1436e réunion (juin 2022) (DH) - Règle 9.2 - Communication d’une INDH (Conseil Central de Surveillance Pénitentiaire) (28/04/2022) relative à l'affaire VASILESCU c. Belgique (requête n° 64682/12) [French only] [DH-DD(2022)517]

S.Z GROUP and KOLEVI v. Bulgaria

Violation: Systemic problem of ineffective criminal investigations with regard to shortcomings which affect investigations concerning both private individuals and law enforcement agents and lack of guarantees for the independence of criminal investigations against the Chief Prosecutor.

 Last Examination: November – December 2021- CM/Del/Dec(2021)1419/H46-8

 Latest Submission:

 1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (Bulgarian Helsinki Committee) (19/04/2022) in the cases of KOLEVI and S.Z. v. Bulgaria (Applications No. 1108/02, 29263/12) [anglais uniquement] [DH-DD(2022)466] 

STANEV v. Bulgaria

Photo Credit: Validity

Violation: Unlawfulness of the placement in social care home of the applicant with mental disorders; lack of judicial review and poor living conditions; impossibility for the applicant, partially incapacitated, to request the restoration of his legal capacity.

 Last Examination: June 2021- CM/Del/Dec(2021)1406/H46-8

 Latest Submissions:

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from NGOs (Validity Foundation - Mental Disability Advocacy Centre, KERA Foundation, Network of Independent Experts, Bulgarian Helsinki Committee and Bulgarian Lawyers for Human Rights) (02/05/2022) in the case of STANEV v. Bulgaria (Application No. 36760/06) & reply from the authorities (12/05/2022) [anglais uniquement] [DH-DD(2022)531]

1436th meeting (June 2022) (DH) - Rules 9.2 and 9.6 - Communication from NGOs (Validity Foundation Mental Disability Advocacy Centre, KERA Foundation, Network of Independent Experts, Bulgarian Helsinki Committee & Bulgarian Lawyers for Human Rights) (25/04/2022) in the case of STANEV v. Bulgaria (Application No. 36760/06) & reply from the authorities (04/05/2022) [anglais uniquement] [DH-DD(2022)495-rev]

BEKIR OUSTA AND OTHERS GROUP v. Greece

Violation: Refusal of domestic courts to register associations.

Last Examination: September 2021 - CM/Del/Dec(2021)1411/H46-14

Latest Submissions:

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (19/04/2022) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05) [anglais uniquement] [DH-DD(2022)481]

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (Federation of Western Thrace Turks in Europe) (04/03/2022) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05) [anglais uniquement] [DH-DD(2022)323]

CORDELLA AND OTHERS 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: March 2021- CM/Del/Dec(2021)1398/H46-14

 Latest Submission:

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (StraLi for Strategic Litigation) (19/04/2022) in the case of Cordella and Others v. Italy (Application No. 54414/13) [anglais uniquement] [DH-DD(2022)468]


DI SARNO AND OTHERS v. Italy

 Violation: Region polluted by non-collected waste: prolonged inability of the Italian authorities to ensure waste collection, treatment and disposal in the region of Campania and absence of a remedy in this regard.

 Last Examination: September 2021- CM/Del/Dec(2021)1411/H46-20

 Latest Submission:

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (StraLi for Strategic Litigation) (22/04/2022) in the case of DI SARNO AND OTHERS v. Italy (Application No. 30765/08) [anglais uniquement] [DH-DD(2022)494]

 L. v. Lithuania

 Violation: Lack of legislation governing the conditions and procedures relating to gender reassignment.

 Last Examination: June 2021 - CM/Del/Dec(2021)1406/H46-17

 Latest Submission:

1436th meeting (June 2022) (DH) - Rules 9.2 and 9.6 - Communication from NGOs (TGEU-Transgender Europe (TGEU), Lithuanian trans rights and mutual support association “Trans Autonomija” (Trans Autonomija), the National LGBTI rights organization LGL (LGL), Human Rights Monitoring Institute (HRMI), and ILGA Europe) (19/04/2022) in the case of L. v. Lithuania (Application No. 27527/03) and reply from the authorities (27/04/2022) [anglais uniquement] [DH-DD(2022)473] 

OZDIL AND OTHERS v. Republic of Moldova

 Violation: Extra-legal transfer of persons to Turkey, circumventing domestic and international law.

 Last Examination: November – December 2021- CM/Del/Dec(2021)1419/H46-22

 Latest Submission:

 1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from NGOs (Legal Resources Centre from Moldova and Promo-LEX Association) (20/04/2022) in the case of Ozdil and Others v. the Republic of Moldova (Application No. 42305/18) [anglais uniquement] [DH-DD(2022)477]

 M.K. AND OTHERS v. Poland

 Violation: Refusal of border guards to receive asylum application and summary removal to a third country with a risk of refoulement to and ill-treatment in the country of origin. Collective expulsion of aliens in a wider state policy of refusing entry to foreigners coming from Belarus. Lack of effective remedy with a suspensive effect. Non-compliance with interim measures under Rule 39.

First Examination 

Latest Submissions:
1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights) (22/04/2022) in the case of M.K. and Others v. Poland (Application No. 40503/17) [anglais uniquement] [DH-DD(2022)492] 

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (19/04/2022) in the case of M.K. and Others v. Poland (Application No. 40503/17) [anglais uniquement] [DH-DD(2022)471]

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from NGOs (AIRE Centre + ECRE) (01/04/2022) in the case of M.K. and Others v. Poland (Application No. 40503/17) [anglais uniquement] [DH-DD(2022)421]

XERO FLOR W POLSCE SP. Z O.O. v. Poland

 Violations: Insufficient reasons of courts for refusal to refer a legal question to the Constitutional Court. Tribunal not established by law due to grave irregularities in the election of one of the Constitutional Court's judges examining the applicant company’s constitutional complaint.

 First Examination

Latest Submission:

1436th meeting (June 2022) (DH) - Rule 9.2 - Communication from an NGO (30/03/2022) in the case of Xero Flor w Polsce sp. z o.o. v. Poland (Application No. 4907/18) [anglais uniquement] [DH-DD(2022)411]

 STRĂIN AND OTHERS GROUP & MARIA ATANASIU AND OTHERS v. Romania

 Violation: Ineffectiveness of the mechanism put in place to allow the restitution of or compensation for nationalised property.

 Last Examination: March 2021- CM/Del/Dec(2021)1398/H46-24

 Latest Submissions:

1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (06/05/2022) in the case of Ana Ionescu and Others v. Romania (Application No. 19788/03) (Strain group, 57001/00) [Anglais uniquement] [DH-DD(2022)509]

1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (28/04/2022) in the case of Dimitrie Dan Popescu and Others v. Romania (Application No. 39480/03) (Strain group, 57001/00) [Anglais uniquement] [DH-DD(2022)478]

GOMI v. Turkey

Violation: Prohibition of prohibition of inhuman or degrading treatment on account of the continued detention of the applicant, who has been suffering from a psychotic illness since 2003.

First Examination

Latest Submissions:

Recent submission to be uploaded

Rule 9.1 Communication from the applicant (24/02/2020) in the case of Gomi v. Turkey (Application No. 38704/11)

SELAHATTİN DEMİRTAŞ (No. 2) GROUP v. Turkey

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

 Last Examination: March 2022 - CM/Del/Dec(2022)1428/H46-37 

 Latest Submissions:

 1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (13/04/2022) in the case of Encu and Others v. Turkey (Application No. 56543/16) (Selahattin Demirtas (no. 2) group, 14305/17) [Anglais uniquement] [DH-DD(2022)425]

 1436th meeting (June 2022) (DH) - Rule 9.1 - Communication from the applicant (13/04/2022) in the case of Selahattin Demirtas v. Turkey (no. 2) (Application No. 14305/17) [Anglais uniquement] [DH-DD(2022)424]

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

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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:

 Rule 9.1 - Communication from the applicant (17/01/2022) in the case of Sharxhi and Others v. Albania (Application No. 10613/16)  

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:

Rule 9.2 - Communication from an NGO (Minority Rights Group International) (13/01/2022) in the case of SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06)

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:

Rules 9.2 and 9.6 - Communication from an NGO (Bulgaria Helsinki Committee) (21/01/2022) in the UMO ILINDEN AND OTHERS v. Bulgaria (Application No. 59491/00) and reply from the authorities (04/02/2022) [anglaisuniquement] [DH-DD(2022)135-rev]

Rule 9.1 - Communication from the applicants (10/02/2022) in the cases of UMO ILINDEN AND OTHERS, Vasilev and Society of the Repressed Macedonians in Bulgaria Victims of the Communist Terror and Macedonian Club for EthnRadonov v. Bulgaria (Applications No. 59491/00, 23702/15, 67197/13) [Anglaisuniquement] [DH-DD(2022)185]

 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:

Règles 9.2 et 9.6 - Communication d'une ONG relative à l'affaire M.A. c. France (requête n° 9373/15) et réponse des autorités (28/01/2022)

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:

Règle 9.2 - Communication d’une INDH (Défenseur des droits - République Française) (27/01/2022) relative à l'affaire Moustahi c. France (requête n° 9347/14) [French only] [DH-DD(2022)186]

Règle 9.2 - Communication d’une ONG (Groupe d'information et de soutien des immigré-e-s (GISTI)) (17/01/2022) relative à l'affaire Moustahi c. France (requête n° 9347/14) [French only] [DH-DD(2022)123]

Règle 9.2 - Communication d’une ONG (La Cimade) (17/01/2022) relative à l'affaire Moustahi c. France (requête n° 9347/14) [French only] [DH-DD(2022)122]

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:

Rule 9.1 - Communication from the applicant (20/01/2022) in the case of Merabishvili v. Georgia (Application No. 72508/13) [Anglais uniquement] [DH-DD(2022)137]

Rule 9.2 - Communication from an NHRI (Public Defender of Georgia) (20/01/2022) in the case of Merabishvili v. Georgia (Application No.72508/13) [anglais uniquement] [DH-DD(2022)136]

 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:

Rule 9.2 - Communication from an NHRI (Public Defender of Georgia) (21/01/2022) in the case of Tsintsabadze group v. Georgia (Application No. 35403/06) [anglais uniquement] [DH-DD(2022)142]

Rule 9.2 - Communication from an NGO (The Georgian Young Lawyers’ Association (GYLA) and European Human Rights Advocacy Centre (EHRAC)) (21/01/2022) in the case of Tsintsabadze group v. Georgia (Application No. 35403/06) [anglais uniquement] [DH-DD(2022)141]

 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:

Rule 9.2 - Communication from an NGO (Hellenic League for Human Rights) (27/01/2022) in the case of NISIOTIS v. Greece (Application No. 34704/08)

Rules 9.2 and 9.6 - Communication from an NGO (Hellenic Action for Human Rights “Pleiades”) (31/01/2022) in the case of NISIOTIS v. Greece (Application No. 34704/08) and reply from the authorities (04/02/2022)

Rules 9.2 and 9.6 - Communication from an NGO (Hellenic League for Human Rights) (13/01/2022) in the case of NISIOTIS v. Greece (Application No. 34704/08) and reply from the authorities (21/01/2022)

BAKA v. HUNGARY (Application No. 20261/12)

 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:

Rule 9.2 - Communication from NGOs (Hungarian Helsinki Committee, Amnesty International) (28/01/2022) in the case of BAKA v. Hungary (Application No. 20261/12) [anglais uniquement] [DH-DD(2022)158]

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:

Rule 9.2 - Communication from an NGO (Hungarian Civil Liberties Union) (26/01/2022) in the case of SZABO AND VISSY v. Hungary (Application No. 37138/14) [anglais uniquement] [DH-DD(2022)157]

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:

Rule 9.1 - Communication from the applicant (21/01/2022) in the case of Abu Zubaydah v. Lithuania (Application No. 46454/11) [Anglais uniquement] [DH-DD(2022)114]

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:

Rule 9.1 - Communication from the applicant (21/01/2022) in the cases of AL NASHIRI and HUSAYN (ABU ZUBAYDAH) v. Poland (Applications No. 28761/11, 7511/13) [Anglais uniquement] [DH-DD(2022)113

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:

Rule 9.1 - Communication from the applicant in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. v. Romania (No. 20752/07) (Sacaleanu group (73970/01) [Anglais uniquement] [DH-DD(2022)145]

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:

Rule 9.1 - Communication from the applicant (18/01/2022) in the case of Razvozzhayev v. Russia and Ukraine and and Udaltsov v. Russia (Application No. 75734/12) (Lashmankin group, 57818/09) [Anglais uniquement] [DH-DD(2022)94]

Rule 9.2 - Communication from an NGO (Centre de la protection internationale) (24/01/2022) in the case of Lashmankin group v. Russia (Application No. 57818/09) [anglais uniquement] [DH-DD(2022)138]

Rule 9.2 - Communication from 11 NGOs (18/01/2022) in the case of Lashmankin and Others v. Russian Federation (Application No. 57818/09) [anglais uniquement] [DH-DD(2022)126] 

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:

 Rule 9.2 - Communication from an NGO (Centre de la protection internationale) (24/01/2022) in the case of Tomov and Others v. Russia (Application No. 18255/10) [anglais uniquement] [DH-DD(2022)139]

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:

Rule 9.1 - Communication from the applicant (25/01/2022) in the case of OAO NEFTYANAYA KOMPANIYA YUKOS v. Russian Federation (Application No. 14902/04) [Anglais uniquement] [DH-DD(2022)118] 

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:

Rule 9.1 - Communication from the applicant (27/01/2022) in the case of Kavala v. Turkey (Application No. 28749/18) [Anglais uniquement] [DH-DD(2022)130]

Rule 9.1 - Communication from the applicant (24/01/2022) in the case of Kavala v. Turkey (Application No. 28749/18) [Anglais uniquement] [DH-DD(2022)110]

ÖNER AND TÜRK GROUP v. TURKEY (Application No.51962/12), NEDİM ŞENER GROUP (Application No. 38270/11), ALTUĞ TANER AKÇAM GROUP (Application No. 27520/07), ARTUN AND GUVENER GROUP (Application No. 75510/01), and IŞIKIRIK GROUP (Application No. 41226/09)

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:

Rules 9.2 and 9.6 - Communication from an NGO (Media and Law Studies Association (Medya ve Hukuk Çalışmaları Derneği - MLSA) (17/01/2022) in the Altug Taner Akcam, Nedim Sener, Isikirik, Oner and Turk and Artun and Guvener groups v. Turkey (Applications No. 27520/07, 38270/11, 41226/09, 51962/12, 75510/01) and reply from the authorities (25/01/2022) [anglais uniquement] [DH-DD(2022)116-rev]

Rules 9.2 and 9.6 - Communication from an NGO (İfade Özgürlüğü Derneği (İFÖD – Freedom of Expression Association)) (19/01/2022) in the case of Isikirik v. Turkey (Application No. 41226/09) and reply from the authorities (25/01/2022) [anglais uniquement] [DH-DD(2022)127]

Rules 9.2 and 9.6 - Communication from an NGO (İfade Özgürlüğü Derneği (İFÖD – Freedom of Expression Association)) (19/01/2022) in the case of ARTUN AND GUVENER v. Turkey (Application No. 75510/01) and reply from the authorities (25/01/2022) [anglais uniquement] [DH-DD(2022)120]

Rule 9.1 - Communication from the applicant (22/12/2021) in the case of Dickinson v. Turkey (No. 25200/11) (Artun and Guvener group) [Anglais uniquement] [DH-DD(2022)17]

Rule 9.1 - Communication from the applicant (22/12/2021) in the case of Dickinson v. Turkey (No. 25200/11) (Artun and Guvener group, 75510/01) and reply from the authorities (03/01/2022) [Anglais uniquement] [DH-DD(2022)17-rev]

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:

Rule 9.1 - Communication from the applicant (12/01/2022) in the case of Selahattin Demirtas v. Turkey (no. 2) (No. 14305/17) [Anglais uniquement] [DH-DD(2022)63]

 KAVERZIN v. UKRAINE (Application No. 23893/03), AFANASYEV GROUP v. UKRAINE (Application No. 38722/02), and BELOUSOV v. UKRAINE (Application No. 4494/07) 

Violation: Ill-treatment/torture by police and lack of effective investigations.

Last Examination: CM/Del/Dec(2021)1398/H46-35 - March 2021

Submission:

Rules 9.2 and 9.6 - Communication from an NGO (Kharkiv Human Rights Protection Group) in the case of KAVERZIN v. Ukraine (Application No. 23893/03) and reply from the authorities (09/02/2022) [anglais uniquement] [DH-DD(2022)167]

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:

Rule 9.1 - Communication from the applicant (16/02/2022) in the case of KELLY AND OTHERS v. the United Kingdom (Application No. 30054/96) (MCKerr group, 28883/95) [Anglais uniquement] [DH-DD(2022)215]

Rule 9.2 - Communication from an NGO (Relatives for Justice) (04/02/2022) in the case of MCKERR group v. the United Kingdom (Application No. 28883/95) [anglais uniquement] [DH-DD(2022)217]