PART 2: How to Bring a Case to the Court
Legal aid will be granted to an applicant only where the President of the Chamber
is satisfied:
a. that it is necessary for the proper conduct of the case before the Chamber;
and
b. that the applicant has insufficient means to meet all or part of the
costs entailed.116
Legal aid may be granted to an unrepresented applicant only to cover reasonable
expenses associated with the case, e.g. translation, postage, fax, stationery, etc.
If the applicant is represented, the Court will also grant a specified sum in respect
of the representative’s fees.
It is important to know that legal aid fees are modest and usually a contribution
to costs and expenses. Nevertheless, the applicant’s representative should always
apply for legal aid if the applicant cannot afford to pay all or part of the costs.
2.1.14 Third-Party Interventions (Amicus Curiae)
After an application has been communicated to the respondent Government,
persons or organisations who are not parties to a case before the Court may, at
the discretion of the President of the Court, intervene in the proceedings as third
parties. Such third-party interventions are usually made by means of amicus curie
briefs providing additional arguments in support of one of the parties to the case.
Article 36 of the Convention provides the authority for such interventions:
[t]he President of the Court may, in the interest of the proper administration of
justice, invite … any person concerned who is not the applicant to submit written
comments or take part in hearings.
Rule 44 of the Rules of Court governs procedures relating to third-party interventions. According to this Rule, once the case has been communicated to the
respondent Government, the President of the Chamber may invite or grant leave
to any person concerned who is not the applicant to submit written comments or,
in exceptional cases, to take part in a hearing. Requests for leave to intervene as a
third party must be duly reasoned and submitted in writing in one of the official
languages of the Court. Requests have to be made within twelve weeks after the
communication of the application to the respondent State. In cases before the
Grand Chamber, the twelve-week period starts running from the date of notification to the parties of the decision of the Chamber under Rule 72 § 1 to relinquish
jurisdiction in favour of the Grand Chamber or of the decision of the panel of the
Grand Chamber under Rule 73 § 2 to accept a request by a party for referral of
116
Rule 101 of the Rules of Court.
57
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