NGOs under European Convention on Human Rights / Tymofeyeva

In the case of Falgest s.r.l. and Others v. Italy , 1261 the NGO also complained of a breach of the right to appeal in criminal cases. The Court found this part of the application incompatible with the Convention ratione personae , as the company could not be considered a victim of the violation as it had not taken part in the proceedings in question and could not claim to be a victim of a violation of the rights at issue. The given examples demonstrate that the Court’s practice in respect of Article 34 NGOs regarding an alleged breach of this provision of the Convention is quite seldom. Until now, the Court did not render any judgment inwhich it would rule that the rights of non-governmental organisations under Article 2 of Protocol No. 7 had been violated. 1262 The following section of the book will tend to the next Article of Protocol No. 7 to the Convention concerning the right to compensation for wrongful conviction.

1261 Falgest s.r.l. and Others v. Italy of 30 April 2013, no. 19029/11. 1262 Data valid on 21 June 2015.

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