PART 2: How to Bring a Case to the Court
briefest of indications of the reasons for the decision. An example of such a letter
is reproduced in Textbox iv below.
Textbox iv: Committee Inadmissibility Decision95
FIRST/SECOND/THIRD/FOURTH/FIFTH SECTION
ECHR-LE11.0R(CD1)
Application no.
v.
Dear Sir,
I write to inform you that on [DATE] the European Court of Human Rights, sitting as a Committee
of three judges (xxx, President, xxx and xxx) pursuant to Article 27 of the Convention, decided
under Article 28 of the Convention to declare the above application inadmissible because it did
not comply with the requirements set out in Articles 34 and 35 of the Convention.
In the light of all the material in its possession, and in so far as the matters complained of were
within its competence, the Court found that they did not disclose any appearance of a violation
of the rights and freedoms set out in the Convention or its Protocols.
This decision is final and not subject to any appeal to either the Court, including its Grand
Chamber, or any other body. You will therefore appreciate that the Registry will be unable to
provide any further details about the Committee’s deliberations or to conduct further correspondence relating to its decision in this case. You will receive no further documents from the Court
concerning this case and, in accordance with the Court’s instructions, the file will be destroyed
one year after the date of the decision.
The present communication is made pursuant to Rule 53 § 2 of the Rules of Court.
Yours faithfully,
For the Committee
xxx
Section Registrar
2.1.9 Inadmissibility and its Consequences
Inadmissibility decisions – whether adopted by a single judge, a Committee or a
Chamber – are final. The parties cannot request that the case be referred to the
Grand Chamber pursuant to Article 43 of the Convention. Furthermore, a new
application lodged by the applicant based on the same facts will be declared inadmissible pursuant to Article 35 § 2 (b) as being “substantially the same as a matter
that has already been examined by the Court”.96 There are, however, two circumstances in which the Court may re-examine an application based on the same facts.
95
96
Source: Council of Europe.
See also section 2.2.8 c).
51
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