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C. Relationship with national human rights institutions
and non-governmental organizations
38. NGOs may intervene in cases before the European Court of Human Rights as a third party
after seeking leave of the President of the Court. In the Inter-American Court, NGOs generally
(or often) may represent the victims of human rights violations.
39. Since September 2008, the European Group of NHRIs, currently chaired by the Irish
Human Rights Commission, has developed an internal procedure for the identification of cases
before the European Court that would be suitable for intervention. In such cases, the Irish Human
Rights Commission seeks leave of the Court to make a third party intervention.
D. Caseload, the use of inter-State complaints and obstacles to access
40. The European Court of Human Rights has a current caseload of approximately 100,000,
which poses a significant challenge to the efficiency of the Court. It was observed that
55 per cent of all cases relate to only 4 of the 47 member States: Russia, Turkey, Ukraine and
Romania. Although the Court may receive inter-State complaints, these are very rare. Individuals
living in the member States are increasingly aware of the existence of the Court and have an
expectation that their cases will be heard by it. Around 90 per cent of submitted complaints will
not proceed to a hearing due to their inadmissibility. The European Court is considering how to
address its caseload through the use of pilot cases. However, it was observed that the usefulness
of pilot cases is limited to the extent that they cover the multiple issues stemming from the
circumstances of the case.
41. While facilities such as inter-State complaints and pilot cases were considered useful if
addressing systematic human rights violations, these measures should not preclude individual
victims of human rights violations from being awarded individual reparations, including
acknowledgments of the violation suffered and financial or other compensation. The right of
individual victims to participate in court proceedings should also be protected.
42. Although the European Court has only two official languages, English and French,
correspondence is received in around 35 languages. Where the case is an urgent matter it will be
heard regardless of the language of the submitted complaint. Since there is no legal obligation on
member States to translate the decisions of the Court into their national language(s), not all
States do so, with the result that the Court jurisprudence may not be well known by the judiciary
and legal community of some member States.
43. The lack of financial assistance for complainants is a concern in the Inter-American Court,
where there is a discussion on the possible establishment of a legal aid fund. Legal aid is
available in the European Court of Human Rights but not from the outset of the case. The
Inter-American Court faces challenges in recruiting enough staff of high calibre.
44. In regions where there is significant linguistic or cultural disparity between certain
geographic areas, it was suggested that the establishment of subregional commissions or courts
might be more effective. There are multiple regional groupings in Africa and States may be party
to more than one. Harmony of human rights standards and State jurisprudence at the subregional
level is then particularly valuable, in order to streamline processes and prevent recourse to
inefficient tribunal-shopping by complainants, both individual and State.
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