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

/

From 5th -7th June 2023, the Committee of Ministers will meet for their quarterly Human Rights Meeting. During this meeting, the Committee of Ministers will examine 41 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 36 Rule 9 submissions for 24 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

 Overview of Submissions

Oganezova v. Armenia

Violation: Lack of protection against homophobic attacks and hate speech; failure to carry out effective investigation; absence of effective domestic criminal-law mechanism for investigating discrimination complaints.

First Examination.

Latest Submissions:

1468th meeting (June 2023) (DH) - Rules 9.2 and 9.6 - Communication from NGOs (Pink Armenia and EHRAC) (02/05/2023) in the case of Oganezova v. Armenia (Application No. 71367/12) and reply from the authorities (17/05/2023)

Makuchyan and Minasyan v. Azerbaijan 

Violation: Failure to continue to enforce prison sentence for ethnic hate crime committed abroad, after transfer to Azerbaijan.

First Examination.

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.1 - Communication from the applicant (18/04/2023) in the case of Makuchyan and Minasyan v. Azerbaijan (Application No. 17247/13)

1468th meeting (June 2023) (DH) - Rule 9.1 - Communication from the applicant (29/03/2023) in the case of Makuchyan and Minasyan v. Azerbaijan (Application No. 17247/13)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from NGOs (Democracy Development Foundation, Protection of Rights without Borders, Helsinki Citizens’ Assembly Vanadzor, Transparency International Anti-Corruption Center, Law Development and Protection Foundation) (17/04/2023) in the case of Makuchyan and Minasyan v. Azerbaijan (Application No. 17247/13)

Mammadli group v. Azerbaijan

 Violation: Arrest and pre-trial detention to punish the applicants for 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 2023 -  CM/Del/Dec(2023)1459/H46-3

 Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from IGOs (Election Monitoring and Democracy Studies Center) (28/04/2023) in the case of Mammadli v. Azerbaijan (Application No. 47145/14)

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: March 2023 - CM/Del/Dec(2023)1459/H46-36

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.4 - Communication from the Council of Europe Commissioner for Human Rights (24/04/2023) in the case of SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06)

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: 30 November – 2 December 2021- CM/Del/Dec(2021)1419/H46-11

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from NGOs (Association of Ownership and Possession of Apartment, Owners with Protected Tenants) (18/04/2023) in the case of STATILEO v. Croatia (Application No. 12027/10)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Udruga Proljeće) (31/03/2023) in the STATILEO group of cases v. Croatia (Application No. 12027/10)

1459th meeting (March 2023) (DH) - Rules 9.2 and 9.6 - Reply from the authorities (17/02/2023) following a communication from an NGO (Association of Ownership and Possession of Apartment Owners with Protected Tenants) (02/02/2023) in the case of STATILEO v. Croatia (Application No. 12027/10)

Moustahi v. France

Violation: Detention and rapid return of two foreign unaccompanied minors from Mayotte to the Comoros, without an examination of their individual situation

Last Examination: March 2022 - CM/Del/Dec(2022)1428/H46-10

Latest Submissions:

1468e réunion (juin 2023) (DH) - Règle 9.2 - Communication d'une INDH (Défenseur des droits) (14/04/2023) dans l’affaire Moustahi c. France (requête n° 9347/14)

1468e réunion (juin 2023) (DH) - Règle 9.2 - Communication d'ONG (GISTI, Avocats pour la Défense des Droits des Etrangers (ADDE) et Syndicat des avocats de France (SAF)) (19/04/2023) dans l’affaire Moustahi c. France (requête n° 9347/14)

1468e réunion (juin 2023) (DH) - Règle 9.2 - Communication d'une ONG (La Cimade) (18/04/2023) dans l’affaire Moustahi c. France (requête n° 9347/14)

Tsintsabadze Group v. Georgia

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: March 2022 - CM/Del/Dec(2022)1428/H46-12

Latest Submissions:  

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from NGOs (GYLA and EHRAC) (21/04/2023) in the case of TSINTSABADZE v. Georgia (Application No. 35403/06)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NHRI (Public Defender of Georgia) (25/04/2023) in the case of TSINTSABADZE v. Georgia (Application No. 35403/06)

Bekir-Ousta and Others Group v. Greece

Violation: Refusal of domestic courts to register associations or dissolution of the applicants’ associations.

Last Examination: December 2022 - CM/Del/Dec(2022)/1451/H46-15

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Greek Helsinki Monitor) (17/04/2023) in the cases of BEKIR-OUSTA AND OTHERS and HOUSE OF MACEDONIAN CIVILIZATION AND OTHERS v. Greece (Applications No. 35151/05, 1295/10)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Federation of Western Thrace Turks in Europe) (21/03/2023) in the group of cases BEKIR-OUSTA AND OTHERS v. Greece (Application No. 35151/05)

Sy and Itraro and Molino v. Italy

Violation: Detention in ordinary prison of persons mentally ill (Sy) and failure to protect their right to life (Citraro and Molino).

First Examination.

Latest Submission:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (StraLi for Strategic Litigation) (09/05/2023) in the case of Sy v. Italy (Application No. 11791/20)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (StraLi for Strategic Litigation) (09/03/2023) in the case of Sy v. Italy (Application No. 11791/20)

Sarban Group v. Republic of Moldova

Violation: Various violations mainly arising from pre-trial detention.

Last Examination: 30 November – 2 December 2021 - CM/Del/Dec(2021)1419/H46-23

Latest Submissions:

1468th meeting (June 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (LRCM) (21/04/2023) in the case of SARBAN v. the Republic of Moldova (Application No. 3456/05) and reply from the authorities (28/04/2023)

T.M and C.M Group v. Republic of Moldova

Violation: Authorities' failure to provide protection from domestic violence

 Last Examination: March 2020 - CM/Del/Dec(2021)1369/H46-17

 Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Submisison Women’s Law Centre) (15/03/2023) in the case of T.M. and C.M. v. the Republic of Moldova (Application No. 26608/11)

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

 Violation: Tribunal not established by law due, inter alia, systemic dysfunction in the judicial appointments procedure.

 Last Examination: December 2022 - CM/Del/Dec(2022)1451/H46-25

Grzęda - First examination

Latest Submissions:

1468th meeting (June 2023) (DH) - 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)

 Tysiąc, R.R., and, P. and A. 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: September 2022 CM/Del/Dec(2022)1443/H46-19 

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from NGOs (Foundation for Women and Family Planning and the Center for Reproductive Rights) (18/04/2023) in the cases of R.R., TYSIAC and P. and S. v. Poland (Applications No. 27617/04, 5410/03, 57375/08)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from NGOs (Foundation for Women and Family Planning and the Center for Reproductive Rights) (18/04/2023) in the cases of R.R., TYSIAC and P. and S. v. Poland (Applications No. 27617/04, 5410/03, 57375/08)

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: December 2022 CM/Del/Dec(2022)1451/H46-34

Latest Submissions:

1468th meeting (June 2023) (DH) - 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)

Centre for Legal Resources on Behalf of Valentin Câmpeanu & N. (no. 2) v. Romania

Violation: Deficiencies in the legal protection and medical and social care afforded to vulnerable persons.

Lack of legal safeguards allowing an incapacitated person to have a say in the proceedings leading to the change of a legal guardian.

Last Examination: June 2019 - CM/Del/Dec(2019)1348/H46-20

N. (no. 2) v Romania - First examination

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Centre for Legal Resources) (21/04/2023) in the cases of CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU and N. v. Romania (no. 2) (Applications No. 47848/08, 38048/18)

N. v. Romania and R.D. and I.M.D. v. Romania

Violation: Unlawful psychiatric confinement as security measures and deficiencies in the judicial review proceedings. Absence of a legal basis for compulsory administration of medical treatment to such patients.

Last Examination: March 2022 - CM/Del/Dec(2022)1428/H46-23

R.D. and I.M.D - First examination 

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Centre for Legal Resources) (21/04/2023) in the cases of R.D. and I.M.D., and N. v. Romania (Applications No. 35402/14, 59152/08)

Parascineti & Cristian Teodorescu Group v. Romania

Violation: Issues related to the living conditions and treatment of patients subjected to involuntary placements in psychiatric hospitals and to the procedure and safeguards for such placements.

Last Examination: June 2020 - CM/Del/Dec(2020)1377/H46-28

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Centre for Legal Resources) (21/04/2023) in the cases of CRISTIAN TEODORESCU and PARASCINETI v. Romania (Applications No. 22883/05, 32060/05)

Finogenov and Others v. Russian Federation

Violation: Loss of life and injuries caused during a mass hostage-rescue operation at the “Nord-Ost” theatre in Moscow and lack of effective investigation.

Last Examination: September 2016 - CM/Del/Dec(2016)1265/H46-23

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.1 - Communication from the applicant 21/04/2023) in the case of FINOGENOV AND OTHERS v. Russia (Application No. 18299/03)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Centre de la protection internationale) (21/04/2023) in the case of Tagayeva and Others v. Russia (Application No. 26562/07) (Finogenov and Others group, 18299/03)

Navalnyy and Ofitserov Group 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: March 2023 - CM/Del/Dec(2023)1459/H46-22

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.1 - Communication from the applicant (12/04/2023) in the case of NAVALNYY AND OFITSEROV v. Russia (Application No. 46632/13)

Cumhuriyetçi Eğitim ve Kültür Merkezi Vakfi Group & Hasan and Eylem Zengin Group v. Türkiye

Violation: Structural and administrative problems leading to various differences in treatment between followers of the Alevi faith and adherents of the majority branch of Islam, including compulsory religious education classes.

Last Examination: 30 November – 2 December 2021- CM/Del/Dec(2021)1419/H46-36 & December 2022 - CM/Del/Dec(2022)1451/A2b

Latest Submissions:

468th meeting (June 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (Alevi Philosophy Center Association) (19/04/2023) in the cases of ZENGIN, CUMHURIYETCI EGITIM VE KULTUR MERKEZI VAKFI and IZZETTIN DOGAN AND OTHERS v. Turkey (Applications No. 1448/04, 32093/10, 62649/10) and reply from the authorities (27/04/2023)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Norwegian Helsinki Committee’s Freedom of Belief Initiative) (18/04/2023) in the cases of ZENGIN, CUMHURIYETCI EGITIM VE KULTUR MERKEZI VAKFI and IZZETTIN DOGAN AND OTHERS v. Turkey (Applications No. 1448/04, 32093/10, 62649/10)

Selahattin Demirtaş (no. 2) v. Türkiye

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 the parliamentary immunity and subsequent criminal proceedings to penalise the applicant for his political speeches. (Individual measures)

Last Examination: March 2023 - CM/Del/Dec(2023)1459/H46-26

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Media and Law Studies Association (MLSA)) (14/04/2023) 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: December 2022 - CM/Del/Dec(2022)1451/H46-40

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.1 - Communication from the applicant's legal representatives (20/04/2023) in the case of Kavala v. Türkiye (Application No. 28749/18) and reply from the Director General of DGI (09/05/2023)

Ülke Group v. Türkiye

Violations: Repetitive convictions and prosecutions for refusing to carry out compulsory military service on account of religious beliefs or convictions as pacifists and conscientious objectors.

Last Examination: June 2020 - CM/Del/Dec(2020)1377/H46-40

Latest Submissions:

1468th meeting (June 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (European Association of Jehovah’s Witnesses) (26/04/2023) in the cases of ULKE, BULDU AND OTHERS, ERCEP and FETI DEMIRTAS v. Turkey (Applications No. 39437/98, 14017/08, 43965/04, 5260/07) and reply from the authorities (12/05/2023)

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from NGOs (The Conscientious Objection Watch, War Resisters’ International, The European Bureau for Conscientious Objection, Connection e.V and International Fellowship of Reconciliation) (17/04/2023) in the case of ULKE v. Turkey (Application No. 39437/98)

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: March 2023 - CM/Del/Dec(2023)1459/H46-35

Latest Submissions:

1468th meeting (June 2023) (DH) - Rule 9.2 - Communication from an NGO (Committee on the Administration of Justice) (05/05/2023) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)