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European Commission of Human Rights - Rules of Procedure

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Addendum to the Rules of Procedure: Legal Aid

Rule 1

The Commission may, either at the request of an applicant lodging an application under Article 25 of the Convention or proprio motu, grant free legal aid to that applicant in connection with the representation of the case.

a. where observations in writing on the admissibility of that application have been received from the High Contracting Party concerned in pursuance of Rule 48, paragraph 2 b, or where the time-limit for their submiss ion has expired, or

b. where the application has been declared admissible.

Rule 2

Free legal aid shall only be granted where the Commission is satisfied:

a. that it is essential for the proper discharge of the Commission's duties;

b. that the applicant has not sufficient means to meet all or part of the costs involved.

Rule 3

1. In order to determine whether or not applicants have sufficient means to meet all or part of the costs involved, the Commission shall require them to complete a form of declaration stating their income, capital assets and any financial commitments in respect of dependents, or any other financial obligations. Such declaration shall be certified by the appropriate domestic authority or authorities.

2. Before making a grant of free legal aid, the Commission shall request the High Contracting Party concerned to submit its comments in writing.

3. The Commission shall, after receiving the information mentioned in paragraphs 1 and 2 above, decide whether or not to grant free legal aid and shall inform the parties accordingly.

4. The President shall fix the time-limits within which the parties shall be requested to supply the information referred to in this Rule.

Rule 4

1. Fees shall be payable only to a barrister-at-law, solicitor or professor of law or professionally qualified person of similar status. Fees may, where appropriate, be paid to more than one such lawyer as defined above.

2. Legal aid may be granted to cover not only lawyers' fees but also travelling and subsistence expenses and other necessary out-of-pocket expenses incurred by the applicant or appointed lawyer.

Rule 5

1. On the Commission deciding to grant legal aid, the Secretary shall, by agreement with the appointed lawyer, fix the rate of fees to be paid. 2. The Secretary shall as soon as possible notify the Secretary General of the Council of Europe of the rate of fees so agreed.

Rule 6

The Commission may, at any time, if it finds that the conditions set out in Rule 2 above are no longer satisfied, revoke its grant of free legal aid to an applicant, in whole or in part, and shall at once notify the parties thereof.

Rule 7

In case of urgency when the Commission is not in session, the President of the Commission or the President of either Chamber may exercise the powers conferred on the Commission by this Addendum. As soon as the Commission is again in session, any action which has been taken under this paragraph shall be brought to its attention.

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