NGOs under European Convention on Human Rights / Tymofeyeva

1.3.3 Implied participation of NGOs Although without precise specification, it can also be implied that NGOs may be the subject of rights and duties in many other norms of the Convention and its Protocols. We have already analysed different roles that NGOs may play in proceedings before the Court. Based on this study, this section will summarise the main features of the capacities of an NGO may take in apart from being an applicant: a representative, a third party and an information provider. In the text of the Convention relating to these roles, there is no indication that non-governmental organisations are directly entitled to act in these capacities. Nevertheless, the case-law of the Court confirms that the participation of NGOs is implied. Article 36 of the Convention In accordance with Article 36 of the Convention, the 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. An analysis of the Court’s case-law shows that in the proceedings before the Court NGOs may also act in the capacity of a third party . As a general rule, the role of amicus curiae is often played by well-known, non-profit human rights organisations, such as Amnesty International, 489 ‘Interights’ 490 or Human Rights Watch. 491 The NGOs may act individually or lodge a collective, common submission to the Court. 492 In cases related to special matters or a specific group of people (for instance, persons with disabilities), NGOs representing the interests of such groups may also take part. 493 There is a number of cases in which governments of CoE member states 494 and intergovernmental organisations 495 act as third parties. However, the author was not able to find any case where comments were received from a political party or a business corporation. On the other hand, the Court has never stated that this last type of persons is deprived of the right to intervene. Rule 36 of the Rules of Court Rule 36 of the Rules of Court sets forth provisions regarding the position of an NGO in the capacity of a representative . It does not specify exactly that an NGO is entitled to represent an applicant, but only envisages that any person approved by the President of the Chamber of the Court may represent the interests of an applicant. The practice of the Court shows that applicants were often represented 489 For example, in the case of M.S.S., cited above. 490 Jones, cited above. 491 For instance, in the case of Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, ECHR 2005-I. 492 Jones, cited above. 493 Koroviny, cited above, § 5. 494 Ziaunys v. the Republic of Moldova , no. 42416/06, § 5, 11 February 2014 and Sindicatul “Păstorul cel Bun” [GC], cited above, § 8. 495 Bosphorus Hava [GC], cited above; Senator Lines GmbH , cited above and Blečić , cited above.

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