Guidebook Slovenia Slovenian laws states that that the NHRI may submit its opinion from the perspective of protection of human rights and fundamental freedoms to any authority in a case under consideration, regardless of the type or level of procedure that is concerned before these authorities. 404 COMPLAINTS HANDLING AND PARTICIPATION IN COURT PROCEEDINGS NHRIs can also intervene before international or regional courts.411 This possibility has been used on several occasions before the ECtHR in the past and the number of cases in which NHRIs do so is growing.412 Under the ECtHR system, an amicus curiae is a person or organization who has an interest in or views on the subject of a case and who, without being a party, asks the ECHR for permission to submit a brief proposing factual and legal arguments to support a decision in accordance with their own views. Netherlands The national laws neither explicitly allows nor excludes third party interventions. It says however that the NHRI has the responsibility to cooperate with international organizations. Hence, the NHRI interprets the national law as to allow third-party intervention as a means to cooperate with international organizations. 405 At the national level, few EU NHRIs laws explicitly allow to intervene as third parties in criminal proceedings.406 Oftentimes the powers of NHRIs to intervene are limited only to civil and administrative proceedings.407 There are however examples of third party interventions in criminal proceedings at the national level in Ireland. It shall be noted however that normally in order to intervene as a third party, NHRIs must obtain the permission of the Court to ensure the respect of the court’s independence.408 Ireland In the 2019 case Sweeney v Ireland, the Irish Equality and Human Rights Commission has been granted leave to intervene before the Supreme Court in a significant case examining the right to silence when a person is questioned as part of a criminal investigation. 409 When granting liberty to intervene in a court proceeding the judiciary can also identify specific areas upon which the intervener may seek to assist the Court. For example, in the Celmer case the Irish NHRI was granted leave to provide a submission on specific areas, such as the standard of proof, the burden of proof, the evidentiary standards to identify fair trails infringements. 410 102 Third parties may be allowed to submit written comments413 or take part in a hearing once notice of an application has been given to the respondent Contracting Party.414 While the Court has referred to this possibility as a “right to intervene”,415 it still requires for the President of the Court to authorize the intervention...”. Generally speaking authorizations are routinely granted.416 There is no specific form for an intervention, no fee for requesting permission nor the need to seek the consent of the parties.417 Netherlands This possibility has been used for example by the Netherlands Institute for Human Rights in cases with a relevance for criminal proceedings. For example, in Hasselbaink v. the Netherlands (73329/16) and in Maassen v. The Netherlands (10982/15). The brief focused on the right to liberty and security (Article 5 ECHR) and, more specifically, on the importance of a well-reasoned detention order, underlining the value for Dutch criminal law judges of a judgement by the ECtHR on the matter. 418 Another interesting case concerned the submission in Magee v. Ireland (53743/09) by the Irish Human Rights Commission comments on the refusal of legal aid to a woman whose son died in custody and then sought legal aid for the inquest. 419 The IHRC focusses in its submission on the structure and reform initiatives of the coroners system, civil legal aid and standards in police custody in Ireland, thus providing relevant insights on national circumstances. The case was later settled between Ireland and the applicant. 103

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