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

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From 7-9 March 2023, the Committee of Ministers will meet for their quarterly Human Rights Meeting. During this meeting, the Committee of Ministers will examine 35 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 31 Rule 9 submissions for 19 cases under consideration. The list below sets out an overview of these submissions related to cases on the current agenda.

Overview of Submissions

Stanev v. Bulgaria

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

 Last Decision: CM/Del/Dec(2022)1436/H46-7 - June 2022

 Latest Submission:

1459th meeting (March 2023) (DH) - Rules 9.2 and 9.6 - Communication from 8 NGOs (23/01/2023) in the case of STANEV v. Bulgaria (Application No. 36760/06) and reply from the authorities (03/02/2023)

X v. Finland 

Violation: Extensions of the applicant’s involuntary confinement in a psychiatric hospital and forcible administration of medication without adequate legal safeguards.

 Last Decision: CM/Del/Dec(2021)1419/H46-12 - December 2021

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NHRI (Human Rights Centre) (27/01/2023) in the case of X v. Finland (Application No. 34806/04)

 M.A. group v. France

 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 Decision: CM/Del/Dec(2022)1428/H46-9 - March 2022

 Latest Submission:

 1459e réunion (mars 2023) (DH) - Règle 9.2 - Communication d'une ONG (La Cimade) (25/01/2023) dans l’affaire M.A. c. France (requête n° 9373/15)

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 Decision: CM/Del/Dec(2022)1428/H46-14 - March 2022

 Latest Submissions:  

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from NGOs (Amnesty International and Hungarian Helsinki Committee) (26/01/2023) in the case of BAKA v. Hungary (Application No. 20261/12)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Association of Hungarian Judges (MABIE)) (27/01/2023) in the case of BAKA v. Hungary (Application No. 20261/12)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Res Iudicata - Association of Judges for Social Awareness) (24/01/2023) in the case of BAKA v. Hungary (Application No. 20261/12)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (European Association of Judges (EAJ)) (18/01/2023) in the case of BAKA v. Hungary (Application No. 20261/12)

 Marcello Viola v. Italy (No. 2)

 Violation: Impossibility under Article 4bis of the Prison Administration Act for whole life prisoners to be eligible for release on parole in the absence of cooperation with the judicial authorities.

 Last Decision: CM/Del/Dec(2021)1406/H46-16 - June 2021

 Latest Submissions:

1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (19/01/2023) in the case of Marcello Viola v. Italy (no. 2) (Application No. 77633/16)

 1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Hands Off Cain) (17/01/2023) in the case of Marcello Viola v. Italy (no. 2) (Application No. 77633/16)

 M.K. and Others v. Poland

Violations: 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 of the Rules of the Court.

 Last Decision: CM/Del/Dec(2022)1436/H46-17 - June 2022

 Latest Submissions:

 1459th meeting (March 2023) (DH) - Rule 9.6 - Reply from the authorities (15/02/2023) following a communication from NGOs (Centre for Fundamental Rights at the Hertie School Berlin and Human Rights Centre of the University of Ghent) (27/01/2023) in the case of M.K. and Others v. Poland (Application No. 40503/17)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from NGOs (Centre for Fundamental Rights at the Hertie School Berlin and Human Rights Centre of the University of Ghent) (27/01/2023) in the case of M.K. and Others v. Poland (Application No. 40503/17)

 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 Decision: CM/Del/Dec(2022)1428/H46-24 - March 2022

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (15/02/2023) 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) (Sacaleanu group (73970/01))

Lashmankin and Others group v. Russian Federation

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 Decision: CM/Del/Dec(2022)1428/H46-27 - March 2022

 Latest Submissions:  

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Crew Against Torture) (06/02/2023) in the case of Lashmankin and Others v. Russia (Application No. 57818/09)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Human Rights Watch) (24/01/2023) in the case of Lashmankin and Others v. Russia (Application No. 57818/09)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from NGOs (OVD-Info and Memorial Human Rights Defence Centre) (17/01/2023) in the case of Lashmankin and Others v. Russia (Application No. 57818/09)

 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 Decision: CM/Del/Dec(2022)1451/H46-35 - December 2022

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (30/01/2023) in the case of NAVALNYY AND OFITSEROV v. Russia (Application No. 46632/13)

Vladimir Kharitonov Group v. Russian Federation

 Violation: Violation of the applicants’ right to freedom of expression on account of different types of blocking of their websites.

 First Examination

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Agora International Human Rights Group (Net Freedoms Project)) (20/01/2023) in the case of Vladimir Kharitonov v. Russia (Application No. 10795/14)

R.R. and R.D. group v. Slovak Republic

Violation: Excessive use of force in a police operation carried out on a street that is home to a Roma community (R.R. and R.D.). Ineffective investigations.

Last Decision: CM/Del/Dec(2022)1436/H46-27 - June 2022

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rules 9.2 and 9.6 - Communication from NGOs (European Roma Rights Centre (“the ERRC”), Poradňa pre občianske a ľudské práva (“Poradňa”), Fórum for Human Rights (“FORUM”)) (31/01/2023) in the case of R.R. and R.D. v. Slovakia (Application No. 20649/18) and reply from the authorities (06/02/2023)

Cyprus v. Turkey 

Violation: 14 violations in relation to the situation in the northern part of Cyprus (missing persons)

Last Decision: CM/Del/Dec(2022)1428/H46-34 - March 2022 

Latest Submission:  

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (06/02/2023) in the case of Cyprus v. Turkey (Application No. 25781/94)

Selahattin Demirtaş (No. 2) group v. Turkey

 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 Decision: CM/Del/Dec(2022)1451/H46-39 - December 2022

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (10/01/2023) 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 Decision: CM/Del/Dec(2022)1451/H46-40 - December 2022

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (10/02/2023) in the case of Kavala v. Türkiye (Application No. 28749/18)

 Öner and Türk group, Nedim Şener group, Altuğ Taner Akçam group and Artun and Güvener group, Işıkırık group v. Turkey

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 Decision: CM/Del/Dec(2022)1428/H46-36 - March 2022

 Latest Submission:

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Media and Law Studies Association (MLSA)) (19/01/2023) in the cases of Altug Taner Akcam, Nedim Sener, Isikirik, Oner and Turk & Artun and Guvener v. Turkey (Applications No. 27520/07, 38270/11, 41226/09, 51962/12, 75510/01)

Oya Ataman Group v. Türkiye

 Violation: Violation of the right to freedom of assembly, ill treatment of applicants as a result of excessive force used during demonstrations.

 Last Decision: CM/Del/Dec(2021)/1411/H46-38 - September 2021 

Latest Submissions:  

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from NGOs (Joint submission by 33 NGOs and Bar associations) (23/01/2023) in the case of OYA ATAMAN v. Turkey (Application No. 74552/01)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Media and Law Studies Association) (20/01/2023) in the case of OYA ATAMAN v. Turkey (Application No. 74552/01) [anglais uniquement] [DH-DD(2023)133] 

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Media and Law Studies Association (MLSA)) (05/01/2023) in the case of OYA ATAMAN v. Turkey (Application No. 74552/01) [anglais uniquement] [DH-DD(2023)73]

Varnava and Others v. Turkey

Violation: Lack of effective investigation into the fate of nine Greek Cypriots who disappeared during the military operations undertaken by Turkey in Cyprus in 1974.

 Last Decision: CM/Del/Dec(2022)1428/H46-38 - March 2022

 Latest Submission:

 1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (23/02/2023) in the case of VARNAVA AND OTHERS v. Turkey (Application No. 16064/90)

Petukov group v. Ukraine 

Violation: Irreducibility of life sentence and lack of appropriate medical care in prison, life prisoner ban on communication with other prisoners during out-of-cell activities.

Last Decision: CM/Del/Dec(2021)1411/H46-43 - September 2021 

Latest Submissions:  

1459th meeting (March 2023) (DH) - Rule 9.1 - Communication from the applicant (27/01/2023) in the case of Ivan Karpenko v. Ukraine (Application No. 45397/13) (Petukhov (no. 2) group, 41216/13)

 1459th meeting (March 2023) (DH) - Rules 9.2 and 9.6 - Communication from an NGO (Centre de la protection internationale) (02/02/2023) in the cases of Petukhov (no. 2) group, Borisenko and Others, Dembo and Others and Lopata and Others v. Ukraine (Applications No. 41216/13, 19102/20, 2778/18, 84210/17) and reply from the authorities (08/02/2023)

 1459th meeting (March 2023) (DH) - Rules 9.2 and 9.6 - Communication from NGOs (European Prison Litigation Network; Kharkiv Human Rights Protection Group; Ukrainian Helsinki Human Rights Union; NGO Protection for Prisoners of Ukraine) (02/02/2023) in the case of Petukhov v. Ukraine (no. 2) (Application No. 41216/13) and reply from the authorities (08/02/2023)

McKerr group 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 Decision: CM/Del/Dec(2022)1451/H46-45 - December 2022

Latest Submissions:

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO (Committee on the Administration of Justice) (20/01/2023) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)

1459th meeting (March 2023) (DH) - Rule 9.2 - Communication from an NGO ((Committee on the Administration of Justice (CAJ)) (28/11/2022) in the case of MCKERR v. the United Kingdom (Application No. 28883/95)