Overview of Rule 9 Submissions in view of the Committee of Ministers' Deputies Human Rights Meeting in December 2023

From the 5th to the 7th of December 2023, the Committee of Ministers will meet for their quarterly Human Rights Meeting. During this meeting, the Committee of Ministers will examine 43 leading judgments of the European Court of Human Rights that are pending implementation.

EIN members and partners, other civil society actors, lawyers and applicants have made 53 Rule 9 submissions for 28 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

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Overview of Submissions

Sharxhi and others v. Albania

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: March 2023 - CM/Del/Dec(2023)1459/H46-1

Latest Submission: Rule 9.1 - Communication from the applicant (25/10/2023) in the case of Sharxhi and Others v. Albania (Application No. 10613/16)

Muradyan v. Armenia

Violation: Failure to provide plausible explanation for the injury sustained by the applicant’s son, a military conscript, and his ensuing death. Lack of an effective investigation into his death.

Last Examination: September 2019 - CM/Del/Dec(2019)1355/H46-1

Latest Submissions: Rules 9.2 and 9.6 - Reply from the authorities (27/11/2023) following a communication from an NGO (Helsinki Citizens' Assembly – Vanadzor) (16/11/2023) in the case of Muradyan v. Armenia (Application No. 11275/07)

Rules 9.2 and 9.6 - Communication from an NGO (Helsinki Citizens' Assembly – Vanadzor) (24/10/2023) in the case of Muradyan v. Armenia (Application No. 11275/07) and reply from the authorities (08/11/2023)

Muradova group, Mammadov (Jalaloglu) Group, and Mikayil Mammadov Group v. Azerbaijan

Violation: Excessive use of force by the security forces and lack of effective investigations.

Last Examination: 30 November - 2 December 2021 -CM/Del/Dec(2021)1419/H46-5

Latest Submissions: Rule 9.2 - Communication from an NGO (Legal Education Society) (26/06/2023) in the Muradova (Application No. 22684/05), Mammadov (Jalaloglu) (Application No. 34445/04), and Mikayil Mammadov groups (Application No. 4762/05) v. Azerbaijan

Sejdić and Finci Group v. Bosnia and Herzegovina

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: June 2023 - CM/Del/Dec(2023)1468/H46-4

Latest Submission: Rule 9.2 - Communication from an NGO (Minority Rights Group International) (23/10/2023) in the case of SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06)

International Bank for Commerce and Development ad and others group v. Bulgaria

Violation: Unfairness of the proceedings concerning the withdrawal of a bank licence and the bank’s insolvency.

Last Examination: June 2018 - CM/Del/Dec(2018)1318/H46-6

Latest Submissions: Rule 9.1 - Communication from the applicant (20/11/2023) in the case of Korporativna Targovska Banka AD v. Bulgaria (Application No. 46564/15) (International Bank for Commerce and Development AD group, 7031/05) 

Rule 9.1 - Communication from the applicant (16/08/2023) in the case of Korporativna Targovska Banka AD v. Bulgaria (Application No. 46564/15) (INTERNATIONAL BANK FOR COMMERCE AND DEVELOPMENT AD group, 7031/05)

Rule 9.1 - Communication from the applicant (20/10/2023) in the case of Korporativna Targovska Banka AD v. Bulgaria (Application No. 46564/15) (INTERNATIONAL BANK FOR COMMERCE AND DEVELOPMENT AD group, 7031/05) 

Rule 9.1 - Communication from the applicant (20/09/2023) in the case of Korporativna Targovska Banka AD v. Bulgaria (Application No. 46564/15) (International Bank for Commerce and Development AD group, 7031/05)

Velikova Group v. Bulgaria

Violation: Excessive use of force by law enforcement agents; ineffective investigations.

Last Examination: 30 November - 2 December 2021 - CM/Del/Dec(2021)1419/H46-10

Latest Submissions: Rule 9.2 - Communication from an NGO (BULGARIAN HELSINKI COMMITTEE (BHC)) (23/10/2023) in the VELIKOVA group of cases v. Bulgaria (Application No. 41488/98)

Statileo Group v. Croatia

Violation: Statutory limitations on use of property by landlords, including through the rent control scheme for flats subject to protected leases.

Last Examination: June 2023 - CM/Del/Dec(2023)1468/H46-9

Latest Submissions: Rule 9.2 - Communication from an NGO (Udruga Proljece) (10/11/2023) in the case of STATILEO v. Croatia (Application No. 12027/10)

Identoba and others group v. Georgia

Violation: Lack of protection against homophobic attacks during demonstrations.

Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-13

Latest Submissions: Rule 9.2 - Communication from an NGO (Tolerance and Diversity Institute (TDI)) (30/10/2023) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12) 

Rule 9.2 - Communication from NGOs (Social Justice Center and European Human Rights Advocacy Centre) (19/10/2023) in the case of Mikeladze and Others v. Georgia (Application No. 54217/16) (Identoba and Others group, 73235/12) 

Rule 9.2 - Communication from NGOs (European Human Rights Advocacy Centre (EHRAC), Women's Initiatives Support Group (WISG) and Georgian Young Lawyers' Association (GYLA)) (16/10/2023) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12) 

Rule 9.2 - Communication from an NHRI (Public Defender of Georgia) (19/10/2023) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12) 

Rule 9.4 - Communication from another Organisation (Council of Europe Commissioner for Human Rights) (24/10/2023) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

Tkhelidze Group v. Georgia

Violation: Failure to protect from domestic violence and to conduct an effective investigation into police inaction.

Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-14

Latest Submissions: Rule 9.2 - Communication from an NHRI (The Public Defender of Georgia) (03/11/2023) in the case of Tkhelidze v. Georgia (Application No. 33056/17) 

Rule 9.2 - Communication from NGOs (Georgian Young Lawyers’ Association (GYLA), European Human Rights Advocacy Centre (EHRAC) and Union Sapari) (20/10/2023) 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 or dissolution of the applicants’ associations.

Last Examination: June 2023 - CM/Del/Dec(2023)1468/H46-12

Latest Submissions: Rule 9.1 - Communication from the applicant (25/10/2023) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05) 

Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (13/11/2023) in the case of Bekir-Ousta and Others v. Greece (Application No. 35151/05) 

Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (16/10/2023) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05) 

Rule 9.2 - Communication from an NGO (Federation of Western Thrace Turks in Europe) (14/09/2023) in the case of BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05)

Sidiropoulos and Papakostas Group v. Greece

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

Last Examination: September 2021 - CM/Del/Dec(2021)1411/H46-15

Latest Submissions: Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (18/10/2023) in the case of Sidiropoulos and Papakostas v. Greece (Application No. 33349/10) 

Rule 9.2 - Communication from an NGO (Pro Bono Publico) (16/10/2023) in the case of Sidiropoulos and Papakostas v. Greece (Application No. 33349/10) [anglais uniquement]

Baka v. 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: March 2023 - CM/Del/Dec(2023)1459/H46-11

Latest Submission: Rule 9.2 - Communication from an NGO (Hungarian Helsinki Committee (HHC)) (05/10/2023) in the case of BAKA v. Hungary (Application No. 20261/12)

Cestaro Group v. Italy

Violation: Ill-treatment by the police; inadequate criminal legislation to punish acts of torture and inhuman and degrading treatment.

Last Examination: December 2019 - CM/Del/Dec(2019)1362/H46-14

Latest Submissions: Rule 9.2 - Communication from an NGO (Associazione Luca Coscioni Per La Liberta Di Ricerca Scientifica) (19/01/2023) in the case of CESTARO v. Italy (Application No. 6884/11)

Cosovan v. Republic of Moldova

Violation: Lack of adequate medical care in prison, lack of domestic remedies, and lack of sufficient reasons for prolongation of pre-trial detention.

First Examination

Latest Submissions: Rule 9.2 - Communication from NGOs (Promo-LEX and European Prison Litigation Network) and an NHRI (The People’s Advocate Office) (24/10/2023) in the case of Cosovan v. the Republic of Moldova (Application No. 13472/18)

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: December 2022 - CM/Del/Dec(2022)1451/H46-22

Latest Submissions: Rule 9.2 - Communication from NGOs (Transgender Europe, Coalition MARGINS, TransFormA and ILGA Europe) (27/07/2023) in the case of X. v. the “former Yugoslav Republic of Macedonia” (Application No. 29683/16)

Strand Lobben and others group v. Norway

Violation: Various shortcomings in the decision-making processes in child welfare proceedings.

Last Examination: September 2022 - CM/Del/Dec(2022)1443/H46-18

Latest Submissions: Rule 9.2 - Communication from an NGO (Menneskerett Norge) (17/02/2023) in the case of Strand Lobben and others v. Norway (Application No. 37283/13) 

Rule 9.2 - Communication from an NGO (Menneskerett Norge) (16/11/2022) in the case of Strand Lobben and others v. Norway (Application No. 37283/13) 

Rule 9.1 - Communication from the applicant (17/05/2023) in the case of A.S. v. Norway (Application No. 60371/15) (Strand Lobben and Others group, 37283/13) 

Rule 9.1 - Communication from the applicant (27/02/2023) in the case of A.S. v. Norway (Application No. 60371/15) (Strand Lobben and Others group, 37283/13) 

Juszczyszyn and Żurek v. Poland

Violation: Unforeseeable suspension of a judge, by a tribunal not established by law, predominantly aiming to sanction and dissuade him from verifying the lawfulness of appointment of judges upon recommendation of the reformed National Council of the Judiciary (NCJ) (Juszczyszyn) and application of a set of measures against a former judicial member of the NCJ in connection with his views in defence of judicial independence (Żurek).

First Examination

Latest Submissions: Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights (HFHR)) (28/08/2023) in the case of Juszczyszyn v. Poland (Application No. 35599/20) 

Rules 9.2 and 9.6 - Reply from the authorities (20/04/2023) following a communication from an NGO (Helsinki Foundation for Human Rights) (31/03/2023) in the cases of Xero Flor w Polsce sp. z o.o., Reczkowicz group, Grzeda, Broda and Bojara, Juszczyszyn and Zurek v. Poland (Applications No. 4907/18, 43447/19, 43572/18, 26691/18, 35599/20, 39650/18)

Reczkowicz Group, Broda and Bojara, and Grzęda v. Poland

Violation: Tribunal not established by law due to, inter alia, systemic dysfunction in the judicial appointments’ procedures (Reczkowicz group) and lack of access to court regarding the termination of the applicants’ terms of office (Broda and Bojara, Grzęda).

Last Examination: June 2023 - CM/Del/Dec(2023)1468/H46-18

Latest Submissions: Rule 9.1 - Communication from the applicant (14/11/2023) in the case of Advance Pharma sp. z o.o v. Poland (Application No. 1469/20) (Reczkowicz group, 43447/19) 

Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights) (26/10/2023) in the cases of Reczkowicz, Advance Pharma sp. z o.o and Dolinska-Ficek and Ozimek v. Poland (Applications No. 43447/19, 1469/20, 49868/19) 

Rule 9.2 - Communication from an NGO (Polish Judges Association Iustitia) (30/05/2023) in the cases of Broda and Bojara, Xero Flor w Polsce sp. z o.o. and Dolinska - Ficek and Ozimek v. Poland (Applications No. 26691/18, 4907/18, 49868/19) 

Xero Flor w Polsce sp. z o.o. v. Poland

Violation: 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.

Last Examination: June 2023 - CM/Del/Dec(2023)1468/H46-20

Latest Submissions: Rule 9.1 - Communication from the applicant (14/11/2023) in the case of Advance Pharma sp. z o.o v. Poland (Application No. 1469/20) (Reczkowicz group, 43447/19) 

Rule 9.2 - Communication from an NGO (Helsinki Foundation for Human Rights) (26/10/2023) in the cases of Reczkowicz, Advance Pharma sp. z o.o and Dolinska-Ficek and Ozimek v. Poland (Applications No. 43447/19, 1469/20, 49868/19) 

Rule 9.2 - Communication from an NGO (Polish Judges Association Iustitia) (30/05/2023) in the cases of Broda and Bojara, Xero Flor w Polsce sp. z o.o. and Dolinska - Ficek and Ozimek v. Poland (Applications No. 26691/18, 4907/18, 49868/19) 

E.B. and M.G.C. Group v. Romania

Violation: Breaches of the State’s positive obligation effectively to apply a criminal-law system punishing any non-consensual sexual acts, in particular when the victims are children and persons with psychosocial disabilities.

Last Examination: 29 September – 1 October 2020 - CM/Del/Dec(2020)1383/H46-15

Latest Submissions: Rule 9.2 - Communication from an NGO (Network for Preventing and Combating Violence against Women (”The Network”)) (18/10/2023) in the M.G.C. group of cases v. Romania (Application No. 61495/11)

Săcăleanu Group v. Romania

Violation: Failure or substantial delay in the enforcement of final domestic judicial decisions against the State and State-owned enterprises.

Last Examination: March 2023 - CM/Del/Dec(2023)1459/H46-17 and September 2023 CM/Del/Dec(2023)1475/H46-30

Latest Submissions: Rule 9.1 - Communication from the applicant (28/11/2023) in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. and Others v. Romania (No. 20752/07)) (Sacaleanu group (73970/01) [anglais uniquement] [DH-DD(2023)1466]

Rule 9.1 - Communication from the applicant (27/11/2023) in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. and Others v. Romania (No. 20752/07)) (Sacaleanu group (73970/01) 

Rule 9.1 - Communication from the applicant (16/10/2023) in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. and Others v. Romania (No. 20752/07)) (Sacaleanu group (73970/01)

Alekseyev, Bayev and others, Berkman Group, and Zhdanov and others v. Russian Federation

Violation: Discrimination on grounds of sexual orientation in the exercise of the right to freedom of peaceful assembly (Alekseyev, Bayev and Others, Berkman group). Refusal to register LGBT associations (Zdganov and Others).

Last Examination: December 2018 - CM/Del/Dec(2018)1331/H46-24, First examination, and First examination.

Latest Submission: Rule 9.2 - Communication from an NGO (Crew Against Torture) (13/09/2023) in the cases of Zhdanov and Others, ALEKSEYEV group, Bayev and Others and Berkman group v. Russian Federation (Applications No. 12200/08, 4916/07, 67667/09, 46712/15)

Magnitskiy and others and Mazepa and others group v. Russian Federation

Violation: High-profile murder cases and lack of effective investigation.

First Examination

Latest Submission: Rule 9.2 - Communication from an NGO (EHRAC) (17/10/2023) in the case of Mazepa and Others v. Russian Federation (Application No. 15086/07)

Navalnyy and Ofitserov Group v. Russian Federation

Violation: Different violations relating to various repressive measures taken by the authorities against Mr Aleksey Navalnyy, with strong factual links between them.

Last Examination: June 2023 - CM/Del/Dec(2023)1468/H46-30

Latest Submissions: Rule 9.1 - Communication from the applicant (03/11/2023) in the case of NAVALNYY AND OFITSEROV v. Russia (Application No. 46632/13)

R. Kačapor and others group v. Serbia

Violation: Non-enforcement of domestic decisions, including against socially-owned companies.

Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-37

Latest Submissions: Rule 9.1 - Communication from the applicant (02/08/2023) in the case of Zemljoradnicka Zadruga Paor v. Serbia (Application No. 13246/22) (R. Kacapor group, 2269/06)

Selahattin Demirtaş (no. 2) Group v. Türkiye

Violation: Unjustified detention of the applicants without reasonable suspicion that they 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. (Individual measures)

Last Examination: September 2023 - CM/Del/Dec(2023)1475/H46-38

Latest Submission: Rules 9.2 and 9.6 - Communication from NGOs (Turkey Human Rights Litigation Support Project, HRW, ICJ, IFHR) (23/10/2023) in the case of Yuksekdag Senoglu and Others v. Türkiye (Application No. 14332/17) (Selahattin Demirtas (No. 2) group, 14305/17) and reply from the authorities (02/11/2023) 

Opuz Group v. Türkiye

Violation: Failure to provide protection from domestic violence.

Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-41

Latest Submissions: Rule 9.2 - Communication from an NGO (‘Mor Çatı’ Women’s Shelter Foundation) (30/10/2023) in the case of OPUZ v. Turkey (Application No. 33401/02) 

Rule 9.2 - Communication from an NGO ('Mor Çatı' Women’s Shelter Foundation) (17/10/2023) in the OPUZ group of cases v. Turkey (Application No. 33401/02) 

Ahmet Yildirim Group v. Türkiye

Violation: Restriction of access to the internet and wholesale blocking of internet sites.

Last Examination: March 2021 - CM/Del/Dec(2021)1398/H46-31

Latest Submissions: Rule 9.2 - Communication from an NGO (Ifade Ozgurlugu Dernegi (IFOD – Freedom of Expression Association)) (03/11/2023) in the case of AHMET YILDIRIM v. Turkey (Application No. 3111/10) 

Rules 9.2 and 9.6 - Communication from NGOs (Media and Law Studies Association, Free Web Turkey Platform) (18/10/2023) in the cases of AHMET YILDIRIM and Cengiz and Others v. Turkey (Applications No. 3111/10, 48226/10) and reply from the authorities (02/11/2023)

Overview of Rule 9 Submissions in view of the Committee of Ministers' Deputies Human Rights Meeting in September 2023

From 19th -21st September 2023, the Committee of Ministers will meet for their quarterly Human Rights Meeting. During this meeting, the Committee of Ministers will examine 44 leading judgments of the European Court of Human Rights that are pending implementation.

EIN members and partners, other civil society actors, lawyers and applicants have made the 43 Rule 9 submissions for 27 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

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Overview of Submissions

Strazimiri v. Albania

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.

Last Examination: September 2022 - CM/Del/Dec(2022)1443/H46-1

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (ASSEDEL ((Albanian Helsinki Committee) (28/07/2023) in the cases of Prizreni and Strazimiri v. Albania (Applications No. 29309/16, 34602/16)

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: December 2022 - CM/Del/Dec(2022)1451/H46-2

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Democratic Progress Institute) (02/08/2023) in the case of CHIRAGOV AND OTHERS v. Armenia (Application No. 13216/05)

Mushegh Saghatelyan v. Armenia

Violation: Ill-treatment by the police and absence of any official investigation; unlawful arrest and detention; disproportionate and unnecessary dispersal of protests.

Last Examination: 30 November - 2 December 2021-  CM/Del/Dec(2021)1419/H46-1

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (Helsinki Citizens' Assembly - Vanadzor) (16/08/2023) in the case of Mushegh Saghatelyan v. Armenia (Application No. 23086/08) and reply from the authorities (30/08/2023)

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: June 2023 - CM/Del/Dec(2023)1468/H46-3

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (31/07/2023) in the case of Aliyev v. Azerbaijan (Application No. 68762/14) (Mammadli group, 47145/14) 

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Election Monitoring and Democracy Studies Center) (01/08/2023) in the case of Mammadli v. Azerbaijan (Application No. 47145/14)

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: December 2022 -  CM/Del/Dec(2022)1451/H46-6

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from NGOs (Democracy Development Foundation, Helsinki Citizens Assembly of Vanadzor, Law Development and Protection Foundation, Protection of Rights without Borders NGO, Transparency International Ant-Corruption Center) (11/08/2023) in the case of SARGSYAN v. Azerbaijan (Application No. 40167/06)

L.B Group & W.D v. Belgium

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

Last Examination: September 2021 - CM/Del/Dec(2021)1411/H46-6

Latest Submissions:

• 1475e réunion (septembre 2023) (DH) - Règle 9.2 - Communication d'INDH (UNIA, Conseil central de surveillance pénitentiaire (CCSP) et Institut fédéral pour la protection et la promotion des droits humains (IFDH)) (20/07/2023) dans les affaires L.B. et W.D. c. Belgique (requêtes n° 22831/08, 73548/13)

Vasilescu Group v. Belgium

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

Last Examination: June 2022 - CM/Del/Dec(2022)1436/H46-3

Latest Submissions:

• 1475e réunion (septembre 2023) (DH) - Règle 9.2 - Communication d'INDH (Conseil central de surveillance pénitentiaire (CCSP) et Institut fédéral pour la protection et la promotion des droits humains (IFDH)) (19/07/2023) dans l’affaire VASILESCU c. Belgique (requête n° 64682/12)

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: December 2022 - CM/Del/Dec(2022)1451/H46-8

Latest Submissions:

• 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (13/02/2023) in the case of UMO ILINDEN AND OTHERS v. Bulgaria (Application No. 59491/00) 

• 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (08/02/2023) in the case of Vasilev and Society of the Repressed Macedonians in Bulgaria Victims of the Communist Terror v. Bulgaria (Application No. 23702/15) (UMO Ilinden and Others group, 59491/00) 

• 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (09/01/2023) in the case of UMO ILINDEN AND OTHERS v. Bulgaria (Application No. 59491/00) 

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Bulgarian Helsinki Committee (BHC)) (20/07/2023) in the case of UMO Ilinden and Others v. Bulgaria (Application No. 59491/00) 

S.Z Group & 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: June 2023 - CM/Del/Dec(2023)1468/H46-8

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Bulgarian Helsinki Committee) (01/08/2023) in the cases of KOLEVI and S.Z. v. Bulgaria (Applications No. 1108/02, 29263/12)

Y.T. Group v. Bulgaria

 Violation: Unjustified refusals by the courts to the applicants’ applications for gender reassignment. 

First examination - (group in standard procedure) 

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Transgender Europe - TGEU) (16/08/2023) in the case of Y.T. v. Bulgaria (Application No. 41701/16)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (LGBTI Organization Deystvie) (04/05/2023) in the case of Y.T. group v. Bulgaria (Application No. 41701/16)

M.H. and Others v. Croatia

Violation: Lack of effective investigation into the death of the applicants’ daughter at the Croatian border; inadequate conditions of detention of migrant children; lack of administrative and court diligence and expedition concerning asylum seeking applicants’ detention and asylum proceedings; collective expulsion; violation of the right of individual application.

First Examination

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NGO Centre for Peace Studies and the Human Rights House Zagreb) (18/07/2023) in the case of M.H. and Others v. Croatia (Application No. 15670/18) and reply from the authorities (26/07/2023) 

• 1475th meeting (September 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NHRI (Ombudswoman of the Republic of Croatia) (18/07/2023) in the case of M.H. and Others v. Croatia (Application No. 15670/18) and reply from the authorities (26/07/2023)

  M.S.S. and Rahimi Groups v. Greece

Violation: Conditions of detention of asylum seekers and irregular migrants (including minors) and lack of an effective remedy to challenge conditions of detention; living conditions of asylum seekers; ineffective remedies against expulsion due to shortcomings in asylum procedure.

Last Examination: 29 September – 1 October 2020 - CM/Del/Dec(2020)1383/H46-7

Latest Submissions:             

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from NGOs (Refugee support Aegean (RSA) and Stiftung PRO ASYL) (20/07/2023) in the cases of M.S.S. v. Belgium and Greece and RAHIMI v. Greece (Applications No. 30696/09, 8687/08)

• 1475th meeting (September 2023) (DH) - Rules 9.2 and 9.6 - Reply from the authorities (08/08/2023) following a communication from an NGO (The Greek Council of Refugees) (31/07/2023) in the cases of M.S.S. v. Belgium and Greece and RAHIMI v. Greece (Applications No. 30696/09, 8687/08)

• 1475th meeting (September 2023) (DH) - Rules 9.2 and 9.6 - Reply from the authorities (08/08/2023) following a communication from an NGO (I Have Rights, Mobile Info Team) (31/07/2023) in the cases of M.S.S. v. Belgium and Greece and RAHIMI v. Greece (Applications No. 30696/09, 8687/08)

Ilias and Ahmed v. Hungary

Violation: Authorities’ failure to assess the risks of ill-treatment before expelling the applicants, asylum-seekers, to a “safe third country” (Ilias and Ahmed); applicant’s collective expulsion without identifying him and examining his situation (Shahzad).

 Last Examination: September 2022 - CM/Del/Dec(2022)1443/H46-11 

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Hungarian Helsinki Committee) (01/08/2023) in the case of Ilias and Ahmed v. Hungary (Application No. 47287/15)

Laszlo Magyar v. Hungary

Violation: Life sentence without parole in combination with the lack of an adequate review mechanism, life sentence with parole after 40 years.

Last Examination: September 2022 - CM/Del/Dec(2022)1443/H46-12

 Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (02/08/2023) in the case of LASZLO MAGYAR v. Hungary (Application No. 73593/10)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Hungarian Helsinki Committee) (01/08/2023) in the case of LASZLO MAGYAR v. Hungary (Application No. 73593/10)

Talpis Group, J.L., & M.S. v. Italy

Violation: Failure to comply with the positive obligation to properly assess the risk to life in domestic violence cases and to secure a timely and adequate response. Sexism in the perception of the phenomenon of violence against women, including in court decisions, leading to secondary victimisation. Impunity for domestic violence acts due to a combination of judicial passivity and intervening changes to the prescription regime.

Last Examination:

• Talpis Group - 29 September – 1 October 2020 - CM/Del/Dec(2020)1383/H46-12

• J.L - First examination.

• M.S. - First examination.

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Donne in rete contro la violenza (D.i.RE.)) (31/07/2023) in the case of Talpis v. Italy (Application No. 41237/14)

L. v. Lithuania

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

Last Examination: June 2022 - CM/Del/Dec(2022)1436/H46-13

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from NGOs (TGEU-Transgender Europe (TGEU), Lithuanian trans rights and mutual support association “Trans Autonomija” (Trans Autonomija), National LGBTI rights organisation LGL (LGL), Human Rights Monitoring Institute (HRMI), and IGLA Europe) (27/07/2023) in the case of L. v. Lithuania (Application No. 27527/03)

Levinta v. The Republic of Moldova

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

 Last Examination: September 2021 - CM/Del/Dec(2021)1411/H46-23

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Promo-LEX Association) (03/08/2023) in the case of LEVINTA v. the Republic of Moldova (Application No. 17332/03)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO ((Legal Resources Centre from Moldova) (26/07/2023) in the case of LEVINTA v. Republic of Moldova (Application No. 17332/03)

Petrescu v. Portugal

Violation: Overcrowding and poor conditions of detention in prisons and lack of effective remedies.

Last Examination: March 2021- CM/Del/Dec(2021)1398/H46-20

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from NGOs (FORUM PENAL - ASSOCIAÇÃO DE ADVOGADOS PENALISTAS (FORUM PENAL – ASSOCIATION OF CRIMINAL LAWYERS), THE EUROPEAN PRISON LITIGATION NETWORK (EPLN)) (03/07/2023) in the case of Petrescu v. Portugal (Application No. 23190/17)

Bucur and Toma v. Romania

Violation: Conviction of a whistle-blower for having disclosed information on the illegal secret surveillance of citizens by the Intelligence Service; lack of safeguards in the statutory framework governing secret surveillance.

Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-28

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Association for the Defence of Human Rights in Romania – Helsinki Committee (“APADOR-CH”)) (03/08/2023) in the case of BUCUR AND TOMA v. Romania (Application No. 40238/02)

S.C. Polyinvest S.R.L. and Others (Applications Concerning S.C. Polyinvest S.R.L. (No. 20752/07) and Omegatech Enterprises Ltd. (No. 24612/07)) & Seven Other Similar Applications v. Romania

Violation: Non-implementation of court’s or arbitral awards ordering State-controlled companies to pay various sums to the applicants/applicant companies.

Last Examination: March 2023 - CM/Del/Dec(2023)1459/H46-17

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (25/07/2023) in the case of Omegatech Enterprises Ltd. v. Romania (Application No. 24612/07) (judgment S.C. Polyinvest S.R.L. and Others v. Romania (No. 20752/07)) (Sacaleanu group, 73970/01)

Dmitriyevskiy Group v. Russia

Violation: Unjustified prosecution for alleged hate speech and/or extremism.

First Examination.

Latest Submission:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Crew Against Torture) (17/07/2023) in the case of Dmitriyevskiy v. Russian Federation (Application No. 42168/06)

Taganrog LRO and Others v. Russia

Violation: Various rights of the Jehovah’s Witnesses

Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-33

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from NGOs (Memorial Human Rights Defence, Centre and SOVA Center for Information and Analysis) (11/08/2023) in the case of Taganrog LRO and Others v. Russian Federation (Application No. 32401/10)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (European Association of Jehovah’s Witnesses) (07/07/2023) in the case of Taganrog LRO and Others v. Russian Federation (Application No. 32401/10)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (16/06/2023) in the case of Taganrog LRO and Others v. Russia (Application No. 32401/10)

 Bati and Others v. Turkey

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

Last Examination: September 2022- CM/Del/Dec(2022)1443/H46-27

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rules 9.2 and 9.6 - Reply from the authorities (08/08/2023) following a 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)) (07/08/2023) in the case of BATI AND OTHERS v. Turkey (Application No. 33097/96)

Selahattin Demirtas v. Turkey (No. 2)

Violation: Unjustified detention of the applicants without reasonable suspicion that they 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: June 2023 - CM/Del/Dec(2023)1468/H46-33

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (31/07/2023) in the case of Selahattin Demirtas v. Turkey (no. 2) (Application No. 14305/17)

Kavala v. Turkey

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

Last Examination: June 2023 -  CM/Del/Dec(2023)1468/H46-35

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (30/08/2023) in the case of Kavala v. Türkiye (Application No. 28749/18)

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (11/07/2023) in the case of 11/07/2023) in the case of Kavala v. Türkiye (Application No. 28749/18)

Xenides-Arestis Group v. Turkey

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

Last Examination: September 2022 - CM/Del/Dec(2022)1443/H46-31

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicants’ representative (04/08/2023) in the cases of XENIDES-ARESTIS, LORDOS AND OTHERS, SAVERIADES, DEMADES, DIOGENOUS AND TSERIOTIS, EVAGOROU CHRISTOU, EPIPHANIOU AND OTHERS, RAMON, HADJIPROCOPIOU AND OTHERS, IORDANIS IORDANOU, ROCK RUBY HOTELS LTD and SKYROPIIA YIALIAS LTD v. Turkey (Applications No. 46347/99, 15973/90, 16160/90, 16219/90, 16259/90, 18403/91, 19900/92, 29092/95, 37395/97, 43685/98, 46159/99, 47884/99).  

• 1475th meeting (September 2023) (DH) - Rule 9.1 - Communication from the applicant (29/06/2023) in the case of ORPHANIDES v. Turkey (Application No. 36705/97) (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: June 2023 - CM/Del/Dec(2023)1468/H46-41

Latest Submissions:

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Committee on the Administration of Justice) (02/08/2023) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NGO (Malone House group) (31/07/2023) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

• 1475th meeting (September 2023) (DH) - Rule 9.2 - Communication from an NHRI (Northern Ireland Human Rights Commission) (04/07/2023) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)