NGOs under European Convention on Human Rights / Tymofeyeva

used by Mr Mayer in his research, but taking into account an example with Mr P. Leach and the EHRAC, we can assume that the real numbers could be much higher. Turning back to the procedural status of NGOs as representatives of an applicant, it should be noted that the applicant must be represented at all the oral hearings mandated by the chamber, unless the President of the Court’s chamber decides exceptionally that the applicant may present his/her case him/herself. In some cases, if it is necessary, the Court provides a person with the assistance of an authorized representative. A member of an NGO may fulfil the role of such representation. At any time during the proceedings, if the President of the Chamber concludes that the behaviour of the NGO in the position of the representative of the applicant is unlawful, the Court may render a decision that such NGO shall stop representing the applicant. If this happens, the applicant is obliged to find another representative, which could be again an NGO or any other person. De facto representative In accordance with Rule 45 of the Rules of Court, where applicants are represented, a power of attorney or written authority to act shall be supplied by their representative or representatives. 433 The second page of the new application form for lodging a complaint with the Court already includes the authority line to be signed by the applicant. 434 Under exceptional circumstances, it is possible to act in representation without a power of attorney or written authority. Such a situation with regard to non governmental organisations received the title ‘ de facto representation’ in the case-law of the Court. In the other state of affairs, where a person was represented without authorisation by relatives or close persons, this title was not utilised. The concept of the de facto representative was for the first time and solely used by the Court in its judgment of 17 July 2014 in the already discussed case of Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania . 435 The applicant in the case was a Romanian NGO, CLR (Centre for Legal Resources). It complained before the Court on behalf of Valentin Câmpeanu that the latter had been the victim of breaches of Articles 2, 3, 5, 8, 13 and 14 of the Convention. Mr Câmpeanu was a man of Roma ethnicity who was at birth placed in an orphanage, where he grew up. At the age of 5, he was diagnosed as HIV-positive and later diagnosed with ‘profound intellectual disability, an IQ of 30 and HIV,’ as well as a number of other permanent diseases. When he became 18, he was placed in the Medical and Social Care Centre, where he was ill-treated. A team of monitors from the applicant NGO visited Valentin Câmpeanu in this institution and observed that the conditions in which he lived were unsatisfactory. 436 The Medical and Social Care Centre had provided 433 Rules of Court, cited above. 434 The application form is available at accessed 20 July 2015. 435 Centre for Legal Resources [GC], cited above. 436 Joint press release: European Court of Human rights says NGOs can secure justice for otherwise voiceless people who die at the hands of the state, 17 July 2014. URL: accessed 20 July 2015.

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