Inter-state applications under the European Convention on Human Rights

Abstract

The dissertation deals with the inter-state cases under the ECHR. Allhough the object of the inter-state cases is to protect the persons collectively, after Denmark's complaint against Turkey, it is possible to argue that inter-state cases will be used as a protection mechanism for one individual. Furthermore, if one takes into account the concept of the European Public Order while examining the victims of the violation, the States Parties may be considered as a victim of the violation both inter state and individual applications As to the procedural problems. it should be mentioned that the term 'jurisdiction" includes the military authority of the respondent State which is applied out of its national borders. Also it may be arguable that seeking the rule of exhaustion of domestic remedies and the six months time-limit is not compatible with the nature of the inter-state applications since it is not expectable from States to exhaust domestic remedies within the jurisdiction of another State. With respect to abuse of complaint, although the wording of the former Article 27 (new Article 35) is a clear that it is not applicable in inter state cases, the supervisory bodies open the door to possible application of this male in inter-state cases on the basis of general principles of international law. Fact-finding process is important in inter-state cases with respect to methods used by the supervisory body and the consequences of the fact-finding activity in the decisions of the relevant supervisory body. The procedure before the Committee of Ministers had some murky aspects. As to the political dimensions of the inter state cases, one should distinguish the political nature of the inter-state application procedure from the politicization of it. While political nature of the process may be easily acceptable, the politicization of the process deforms the human rights system as a whole. Since inter-state complaints is adequate procedure to deal with the widespread and gross human rights violations, it is expectable to utilize it.