Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
for in the Convention and impedes the proper conduct of the proceedings before
the Court.550 In Petrović v. Serbia the Court qualified abuse generally as “the harmful exercise of a right for purposes other than those for which it is designed.”551
The standards are rather applicant-friendly when it comes to insult against the
Court itself, prompting a rejection for abusiveness only if the Court “is of the
opinion that [an] applicant’s allegations [against it] are intolerable, exceeding the
bounds of normal criticism, albeit misplaced, and amount to contempt of court.”552
This ground of inadmissibility has been used by the Court as a tool to weed out vexatious applications that hinder it in carrying out its Article 19 duty to ensure observance of the obligations undertaken by the Contracting Parties in the Convention.
It must be stressed that any attempt to mislead the Court in its examination of
the application, for example by forging documents,553 by deliberately concealing
relevant facts or by knowingly submitting incomplete and therefore misleading
information to the Court,554 will result in inadmissibility. In particular, if missing
information concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information,555 the Court may conclude that there
has been an abuse of the right of application. Also, an intentional breach of the duty
of confidentiality in friendly settlement negotiations, provided for under Article
39 § 2 of the Convention and Rule 62 § 2 of the Rules of Court, may be considered
as an abuse of the right of application.556 “The rule of confidentiality in respect of
friendly-settlement negotiations is especially important because it aims to protect
the parties and the Court itself from any political or other kind of pressure.”557
The Court receives a considerable number of applications that concern frivolous
and repeated complaints by vexatious applicants. In the case of Philis v. Greece the
Commission observed that the applicant had already introduced five applications
550 See Miroļubovs and Others v. Latvia, no. 798/05, 15 September 2009, §§ 62 and 65.
551 Petrović v. Serbia (dec.), no. 56551/11, 18 October 2011.
552 Milan Řehák v. the Czech Republic (dec.), 67208/01, 18 May 2004, the applicant here interestingly criticized, inter alia, the fact that an application of his had been rejected by a Committee of the Court,
stating that “not even criminal communist tribunals sent their decisions without reasoning,” but
then progressed to insult the Court’s personnel as KGB agents and the like.
553 See Varbanov v. Bulgaria, no. 31365/96, 5 October 2000, § 36; Popov v. Moldova (No. 1), no. 74153/01, 18
January 2005, § 48; Rehak v. Czech Republic (dec.), no. 67208/01, 18 May 2004; Kérétchachvili v. Georgia
(dec.), no. 5667/02, 2 May 2006. In Mohammad Hossein Bagheri and Malihe Maliki (dec.), no. 30164/06,
15 May 2007, for instance, the applicants had relied in forged decisions of Iranian Revolutionary
Tribunals to support their claims of a treat of persection upon return to their country of origin.
554 See Hüttner v. Germany (dec.), no. 23130/04, 9 June 2006.
555 Poznanski and Others v. Germany (dec.), no. 25101/05, 3 July 2007.
556 Popov v. Moldova (No. 1), no. 74153/01, 18 January 2005, § 48; Miroļubovs and Others v. Latvia, no. 798/05,
15 September 2009, § 66, 15 September 2009, and Benjocki and Others v. Serbia (dec.), nos. 5958/07,
6561/07, 8093/07 and 9162/07, 15 December 2009.
557 Rauf Abbasov and Others v. Azerbaijan, no. 36609/08, 28 May 2013, § 29.
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