ECHR (Commission) Article 24 of the Convention : Case referred to the Commission by a Contracting Party.
(a) The applicant Government, as constituted at and since the time of lodging the present applications, are to be considered as representing the Republic of Cyprus for the purpose of proceedings under Art. 24 and 28 of the Convention.
(6) The protection of the rights and freedoms guaranteed under the Convention should not be impaired by any constitutional defect of the applicant Government.
Article 1 of the Convention : The Contracting Parties are bound to secure the rights and freedoms set forth in the Convention to all persons under their actual authority and responsibility, whether that authority is exercised within their own territory or abroad.
Article 63 of the Convention : This provision cannot be interpreted as limiting the scope of the term ‘jurisdiction’ in Article I to metropolitan territories.
Article 26 of the Convention : Applicable in cases brought by States. In a troubled situation arising out of a military action, it is for the Respondent State to establish that practicable and effective remedies were available with regard to the complaints mentioned in the application.
Article 27, paragraph 2, of the Convention : An inter-State application cannot be rejected as being abusive under this provision. Does a general principle exist, according to which the right to bring proceedings before an international instance must not be abused ?
[unresolved).
Citations:
6780/74, [1975] ECHR 3, 6950/75, (1975) 2 DR 125
Links:
Statutes:
European Convention on Human Rights
Cited by:
Cited – Secretary of State for Defence v Smith, Regina (on the Application of) CA 18-May-2009
The soldier had died of heatstroke after exercises in Iraq. The Minister appealed against a finding that the circumstances of his death required an investigation compliant with Article 2 human rights, saying that he was not subject to such . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 26 July 2022; Ref: scu.346182
