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
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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.
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