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European Commission of Human Rights - Rules of Procedure

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Chapter V: Procedure after the admission of an application

Rule 53

1. After deciding to admit an application, the Commission shall decide on the procedure to be followed:

a. for the examination of the application under Article 28, paragraph 1 a, of the Convention;

b. with a view to securing a friendly settlement under Article 28, paragraph 1 b, of the Convention.

2. In order to accomplish its tasks under Article 28, paragraph 1 a, of the Convention, the Commission may invite the parties to submit further evidence and observations.

3. The Commission shall decide in each case whether observations should be submitted in writing or orally at a hearing.

4. The President shall lay down the time-limits within which the parties shall submit evidence and written observations.

Rule 54

1. The Commission shall appoint one or more of its members as rapporteur.

2. The rapporteur may at any stage of the examination of an application under Article 25 of the Convention invite the parties to submit further written evidence and observations.

3. The rapporteur shall:

a. draft such memoranda as may be required by the Commission for its consideration of the case before it;

b. draft a Report for the Commission in accordance with Rule 57, Rule 60 or Rule 62, as the case may be.

Rule 55

The Commission may, when it sees fit, deliberate with a view to reaching a provisional opinion on the merits of the case.

Rule 56

Where the Commission decides to reject an application under Article 29 of the Convention, its decision shall be accompanied by reasons. The Secretary shall communicate the decision to the parties.

Chapter VI: The Report of the Commission

Rule 57

1. The Report provided for in Article 28, paragraph 2, of the Convention shall contain:

a. a description of the parties, their representatives and advisers;

b. a statement of the facts;

c. the terms of the settlement reached.

2. The Report shall also contain the names of the President and members participating and shall be signed by the President and the Secretary.

3. The Report shall be sent to the High Contracting Party or Parties concerned, to the Committee of Ministers and to the Secretary General of the Council of Europe for publication. It shall also be sent to the applicant.

Rule 58

1. When the Commission has found that no friendly settlement in accordance with Article 28, paragraph 1 b, of the Convention can be reached, it shall consider a draft Report drawn up by the Rapporteur on the basis of any provisional opinion reached by the Commission in its deliberations under Rule 55.

Rule 59

1. When the Commission considers the draft Report referred to in Rule 58, it shall adopt in the first place the parts of the Report in which it establishes the facts.

2. It shall then deliberate and vote on whether the facts found disclose any violation by the State concerned of its obligations under the Convention.

3. Only those members who have participated in the deliberations and votes provided for in this Rule shall be entitled to express their separate opinion in the Report.

Rule 60

1. The Report provided for in Article 31 of the Convention shall contain:

a. a description of the parties, their representatives and advisers;

b. a statement of the proceedings followed before the Commission;

c. a statement of the facts established;

d. the complaints declared admissible;

e. the opinion of the Commission, with an indication of the number of members forming the majority, as to whether or not the facts found disclose any breach by the State concerned of its obligations under the Convention;

f. the reasons upon which that opinion is based;

g. any separate opinion of a member of the Commission;

2. The Report shall contain the names of the President and the members participating in the deliberations and vote provided for in Rule 59, paragraph 2. It shall be signed by the President and by the Secretary.

3. It shall be sent, together with any proposal under Article 31, paragraph 3, of the Convention, to the Committee of Ministers and to the High Contracting Party or Parties concerned.

Rule 61

1. After the adoption of the Report drawn up under Article 31 of the Convention the Commission shall decide in plenary session whether or not to bring the case before the European Court of Human Rights under Article 48 (a) of the Convention.

2. Where the Commission decides to bring the case before the Court, it shall file its request with the Registry of the Court within three months after the transmission of the Report to the Committee of Ministers. It shall also inform the Committee of Ministers and the parties to the application.

3. Where the Commission decides not to bring the case before the Court, it shall so inform the Court, the Committee of Ministers and the parties to the application.

Rule 62

1. The Report provided for in Article 30, paragraph 2, of the Convention shall contain:

a. a description of the parties, their representatives and advisers;

b. a statement of the facts;

c. a brief account of the proceedings;

d. the terms of the decision striking out the application together with the reasons therefor.

2. The Report shall contain the names of the President and members who participated in the decision striking out the application. It shall be signed by the President and by the Secretary.

3. It shall be communicated to the Committee of Ministers of the Council of Europe for information and to the parties. The Commission may publish it.

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