RULES OF PROCEDURE OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS

(as in force at 28 June 1993)

__________

STRASBOURG

1993

TABLE OF CONTENTS

PREAMBLE

TITLE I - Organisation of the Commission

Chapter I The Commission

Chapter II Members of the Commission

Chapter III Presidency of the Commission

Chapter IV Secretariat of the Commission

Title II - The functioning of the Commission

Chapter I General Rules

Chapter II The plenary Commission

Chapter III The Chambers

Chapter IV The Committees

Title III Procedure

Chapter I General Rules

Chapter II Hearings

Chapter III Institution of Proceedings

Chapter IV Proceedings on admissibility

Chapter V Procedure after the admission of an application

Chapter VI The Report of the Commission

Title IV Relations of the Commission with the Court

Final Title

Addendum to the Rules of Procedure (Legal aid)

RULES OF PROCEDURE OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS

(Revised version as adopted by the Commission on 12 February and

6 May 1993 entered into force on 28 June 1993)

The Commission,

Having regard to the Convention for the Protection of Human Rights and

Fundamental Freedoms and Protocols hereinafter called the Convention;

Pursuant to Article 36 of the Convention,

Adopts the present Rules:

TITLE I: ORGANISATION OF THE COMMISSION

Chapter I :The Commission

Rule 1

1. The Commission sits in plenary session, in Chambers and in Committees set up under Article 20, paragraphs 2 and 3, of theConvention .

2. Unless otherwise stated, the terms "Commission" and "President" in these Rules shall mean "Chamber" and "President of the Chamber" in relation to cases referred to Chambers, and "Committee" and "President of the Committee" in relation to cases referred to Committees.

Chapter II: Members of the Commission

Rule 2

1. The duration of the term of office of members of the Commission elected on 18 May 1954 shall be calculated as from this date. Similarly, the duration of the term of office of any member elected as a consequence of a State becoming a Party to the Convention after 18 May 1954 shall be calculated as from the election.

2. However, when members are re-elected on the expiry of their terms of office or are elected to replace a member whose term of office has expired or is about to expire, the duration of their term of office shall, in either case, be calculated as from the date of such expiry.

Rule 3

Before taking up their duties, members of the Commission shall, at the first meeting of the Commission at which they are present after their election, make the following solemn declaration:

"I solemnly declare that I will exercise all my powers and duties honourably and faithfully, impartially and conscientiously and that I will keep secret all Commission proceedings."

Rule 4

1. Members of the Commission shall take precedence after the President of the Commission and Presidents of Chambers according to the length of time they have been in office.

2. Members having the same length of time in office shall take precedence according to age.

3. Re-elected members shall take precedence having regard to the duration of their previous terms of office.

Rule 5

Resignation of a member shall be notified to the President of the Commission who shall transmit it to the Secretary General of the Council of Europe.

Chapter III: Presidency of the Commission

Rule 6

1. The Commission shall elect its President in plenary session not later than the second session after the date of the entry into office of members elected at periodical elections of part of the Commission in accordance with Article 22, paragraph 1, of the Convention.

2. The term of office of the President of the Commission shall be three years.

3. If the President of the Commission, before the normal expiry of his term of office, ceases to be a member of the Commission or resigns from office, the Commission shall as soon as possible elect a successor to hold office for the remainder of the said term.

4. Each Chamber, voting separately, shall elect its President and Vice-President as soon as the Chambers have been constituted according to Rule 24, paragraph 3.

5. The term of office of the President of a Chamber shall be eighteen months. On the expiry of this term the presidency of the Chamber shall be assumed by the Vice-President for the remainder of the period for which the Chamber has been constituted. At the same time the Chamber concerned shall elect a new Vice-President.

6. A member of the Commission who has served as the President of a Chamber shall not be eligible for re-election as President or Vice-President of a Chamber until eighteen months have elapsed since the end of his previous term of office.

7. The elections referred to in this Rule shall be by secret ballot; only the members present shall take part. Election shall be by an absolute majority of the members of the Commission or of the members of the Chamber concerned, as appropriate.

8. If no member receives such a majority, a second ballot shall take place. The member receiving the most votes shall then be elected. In the case of equal voting the member having precedence under Rule 4 shall be elected.

Rule 7

1. The President of the Commission shall direct the work of the Commission and preside at its plenary sessions.

2. The Presidents of Chambers shall preside at the meetings of the Chamber which has elected them.

3. Each Committee shall be presided over by the member taking precedence under Rule 4 of these Rules.

4. The term "President" shall in these Rules, where appropriate, include also any member acting as president.

Rule 8

1. The Presidents of Chambers, according to the order of precedence laid down in Rule 4, shall take the place of the President of the Commission if the latter is prevented from carrying out the duties of President or if the office of President is vacant.

2. The Vice-President of a Chamber shall take the place of the President of the Chamber which has elected him if the latter is prevented from carrying out his duties or if the office of President

of Chamber is vacant.

3. The President of the Commission may delegate certain functions to the President of either Chamber.

Rule 9

1. If the President of the Commission and the Presidents of Chambers are at the same time prevented from carrying out their duties, or if their offices are at the same time vacant, the duties of President of the Commission shall be carried out by another member according to the

order of precedence laid down in Rule 4.

2. If the President and Vice-President of the Chamber are prevented from carrying out their duties in respect of that Chamber, or if their offices are at the same time vacant, the duties of President shall be carried out by another member according to the order of precedence laid down in Rule 4.

Rule 10

Members of the Commission shall not preside in cases to which the High Contracting Party, of which they are nationals or in respect of which they were elected, is a party.

Rule 11

Where the President of the Commission or the Presidents of the Chambers for some special reason consider that they should not act as President in a particular case, they shall be replaced in accordance with the provisions of Rule 8, paragraph 1, and Rule 9.

Chapter IV: Secretariat of the Commission

Rule 12

1. The Secretariat of the Commission shall consist of the Secretary, the Deputy Secretary, and other staff members appointed under Article 37 of the Convention.

2. The Secretary and the Deputy Secretary to the Commission shall be appointed by the Secretary General of the Council of Europe on the proposal of the Commission.

3. The officials of the Secretariat of the Commission, other than the Secretary and the Deputy Secretary, shall be appointed by the Secretary General, with the agreement of the President of the

Commission or the Secretary acting on the President's instructions.

Rule 13

1. The Secretary to the Commission shall, under the general direction of the President, be responsible for the work of the Secretariat and, in particular:

a. shall assist the Commission and its members in the fulfilment of their duties,

b. shall be the channel for all communications concerning the Commission,

c. shall have custody of the archives of the Commission.

2. The Secretary shall be responsible for the publication of:

a. the decisions of the Commission,

b. minutes of the Commission's sessions,

c. any other document insofar as their publication in the official languages or in any other language is considered useful by the President.

Rule 14

A special register shall be kept at the Secretariat in which shall be entered the date of registration of each application and the date of the termination of the relevant proceedings before the Commission.

TITLE II: THE FUNCTIONING OF THE COMMISSION

Chapter I: General Rules

Rule 15

1. The seat of the Commission shall be in Strasbourg.

2. The Commission may decide, at any stage of the examination of an application, that it is necessary that an investigation or any other of its functions be carried out elsewhere by it or one or more of its members.

Rule 16

1. The Commission shall meet during at least sixteen weeks in each year.

2. The Commission shall, at the last session of each year at the latest, fix its sessions for the following year. It shall meet at other times by decision of the President as circumstances may require. It shall also meet if at least one third of the members so request.

3. Members who are prevented by illness or other serious reason from attending all or part of any session of the Commission or from fulfilling any other duty shall, as soon as possible, give notice

thereof to the Secretary who shall inform the President.

Rule 17

1. All deliberations of the Commission shall be and shall remain confidential. Only the Secretary to the Commission, members of its Secretariat, interpreters, and persons providing technical or

secretarial assistance to the Commission may be present at its meetings, unless the Commission decides otherwise.

2. The contents of all case-files, including all pleadings, shall be confidential. However, the decisions of the Commission on admissibility shall be available to the public, provided that the name or other means of identification of an applicant shall not be indicated, unless the Commission decides otherwise.

3. At any stage in the examination of an application, the Secretary may communicate information to the press to an extent compatible with the legitimate interests of the parties and subject to any special directions by the Commission.

Rule 18

1. After any deliberations and before a vote is taken on any matter in the Commission, the President may request members to state their opinions thereon, in the order of precedence laid down in Rule 4, starting with the junior member. The vote may also be taken in the same manner.

2. If the voting is equal, a roll call vote shall then be taken as provided in paragraph 1 of this Rule and the President shall have a casting vote.

3. In decisions on the admissibility of an application, or in expressing an opinion on a breach of the Convention, members shall not abstain.

Rule 19

1. The records of deliberations shall be limited to a record of the subject of the discussions, the votes taken, the names of those voting for and against a motion and any statements expressly made for insertion therein.

2. The records of hearings shall contain the names of the members present and of any persons appearing; they shall give a brief account of the course of the hearing and of any decision taken.

3. The draft minutes of the Commission's sessions shall be circulated to members and if no comments are received within a prescribed time-limit they shall be deemed to be adopted. Any such comments will be taken up at the next session.

Rule 20

1. Members shall not take part in the examination of an application before the Commission, where they

a. have any personal interest in the case;

b. have participated in any decision on the facts on which the application is based as adviser to any of the parties or as a member of any tribunal or body of enquiry.

2. If, in any case of doubt with regard to paragraph 1 of this Rule, or in any other circumstances which might appear to affect the impartiality of members in their examination of an application, they or the President consider that they should not take part, the Commission shall decide.

Rule 21

When, for any special reason other than under Rule 20, members consider that they should not take part or continue to take part in the examination of a case, they shall inform the President.

Rule 22

Any member who, under the provisions of Rule 20 or Rule 21, does not take part in the examination of an application, shall not form part of the quorum during such examination.

Chapter II: The Plenary Commission

Rule 23

1. A quorum of the Commission shall consist of a number of members equal to the majority of the members of the Commission.

2. However, seven members shall constitute a quorum when the Commission examines an application submitted under Article 25 of the Convention and:

a. decides to act as provided in Rule 48, paragraph 2, or

b. declares the application inadmissible or decides to strike it off its list of cases, provided that notice of the application has not been given to the High Contracting Party concerned under Rule 48, paragraph 2 b.

3. Seven members shall also constitute a quorum when the Commission acts in pursuance of the Addendum to the present Rules (Legal aid).

Chapter III: The Chambers

Rule 24

1. There shall be two Chambers set up under Article 20, paragraph 2, of the Convention.

2. The composition of the Chambers shall be determined by the Commission.

3. The Chambers shall be constituted for three years as soon as possible following the election of the President of the Commission in accordance with Rule 6 of these Rules.

4. The Commission may make such special arrangements concerning the constitution of Chambers as it sees fit.

Rule 25

1. Where a member of the Commission elected in respect of the High Contracting Party against which a petition has been lodged is not a member of the Chamber to which that petition has been referred, but wishes to sit on that Chamber in accordance with Article 20, paragraph 2, last sentence, of the Convention, the President of the Chamber shall be so informed.

2. Where members of a Chamber cease to be members of the Commission before the expiration of the period for which the Chamber was constituted, their successors in the Commission shall succeed them as members of the Chamber.

Rule 26

1. A quorum of a Chamber shall be seven members.

2. As a rule, the Chambers meet during the sessions of the Commission.

3. Where circumstances require, the Chamber or, when it is not in session, its President, may decide that the Chamber may meet when the Commission is not in session.

Chapter IV: The Committees

Rule 27

1. There shall be Committees set up under Article 20, paragraph 3, of the Convention.

2. The Committees shall be constituted once a year. The members shall be chosen by the drawing of lots.

Rule 28

1. The Committees shall each be composed of three members. The President of the Commission shall not be a member of a Committee.

2. The members of the Commission who shall sit on the Committees shall be distributed in three lists, following the order of precedence set out in Rule 4 of these Rules. Each Committee shall be composed of one member from each list, chosen in the above order of precedence.

3. The members of the Commission who have not been chosen to sit on Committees shall act as substitute Committee members.

4. If a member is prevented from attending, a substitute member shall sit in that member's place. If none of the substitute members is able to attend, a member appearing on the same list as the member prevented from attending shall sit on the Committee.

Rule 29

Committees meet during the sessions of the Commission.

TITLE III: PROCEDURE

Chapter I: General Rules

Rule 30

1. The official languages of the Commission shall be English and French.

2. The President may authorise a member to speak in another language.

3. The President may permit the use by a party or a person representing that party of a language other than English or French, either in hearings or documents. Any such document shall be submitted in an original and at least two copies.

4. The Secretary is authorised , in correspondence with an applicant, to employ a language other than English or French.

Rule 31

The High Contracting Parties shall be represented before the Commission by their agents who may have the assistance of advisers.

Rule 32

1. Persons, non-governmental organisations , or groups of individuals, may present and conduct applications under Article 25 of the Convention on their own behalf or through a representative appointed under paragraph 2 of this Rule.

2. Any such applicant may appoint, and be represented in proceedings before the Commission by, a lawyer or any other person, resident in a Convention country, unless the Commission at any stage decides otherwise.

3. Any such applicant or representative shall appear in person before the Commission:

a. to present the application in a hearing fixed by the Commission; or

b. for any other purpose, if invited by the Commission.

4. In the other provisions of these Rules the term "applicant" shall, where appropriate, include the applicant's representative.

Rule 33

The Commission shall deal with applications in the order in which they become ready for examination. It may, however, decide to give precedence to a particular application.

Rule 34

1. The Commission may, proprio motu or at the request of a party, take any action which it considers expedient or necessary for the proper performance of its duties under the Convention.

2. The Commission may delegate one or more of its members to take any such action in its name, and in particular to hear witnesses or experts, to examine documents or to visit any locality. Such member or members shall duly report to the Commission.

3. In case of urgency when the Commission is not in session, the President of the Commission or, if he is prevented from carrying out his duties, the President of either Chamber, may take any necessary action on behalf of the Commission. As soon as the Commission is again in session, any action which has been taken under this paragraph shall be brought to its attention.

Rule 35

The Commission may, if it considers necessary, order the joinder of two or more applications.

Rule 36

The Commission, or when it is not in session, the President may indicate to the parties any interim measure the adoption of which seems desirable in the interest of the parties or the proper conduct of the proceedings before it.

Chapter II: Hearings

Rule 37

1. Hearings before the Commission shall be held in camera. Unless the Commission decides otherwise, no person shall be admitted, other than

a. the persons referred to in Rule 31 or 32;

b. the individual applicant;

c. any person being heard by the Commission as a witness;

d. the persons referred to in Rule 17, paragraph 1.

2. If the applicant is a non-governmental organisation or group of individuals, the Commission shall ensure that those appearing are entitled to represent it.

3. When it considers it in the interest of the proper conduct of a hearing, the Commission may limit the number of the parties' representatives or advisers who may appear.

4. The parties shall inform the Commission at least ten days before the date of the opening of the hearing of the names and functions of the persons who will appear on their behalf at the hearing.

5. The provisions of the present Rule shall apply mutatis mutandis to hearings before delegates of the Commission.

Rule 38

1. Any individual applicant, expert or other person whom the Commission decides to hear as a witness, shall be summoned by the Secretary. The summons shall indicate:

a. the parties to the application;

b. the facts or issues regarding which the person concerned will be heard;

c. the arrangements made, in accordance with Rule 42, paragraph 1 or 2, to reimburse the persons concerned for any expenses incurred by them.

2. Any such persons may, if they have not sufficient knowledge of English or French, be authorised by the President to speak in any other language.

Rule 39

1. After establishing the identity of the witnesses or experts the President or the principal delegate mentioned in Rule 34, paragraph 2, shall request them to take the following oath:

a. for witnesses: "I swear that I will speak the truth, the whole truth and nothing but the truth."

b. for experts: "I swear that my statement will be in accordance with my sincere belief."

2. Instead of taking the oath in the terms set out in paragraph 1 of this Rule, the witnesses or experts may make the following declaration:

a. for witnesses: "I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth."

b. for experts: "I solemnly declare upon my honour and conscience that my statement will be in accordance with my sincere belief."

Rule 40

1. The President, or the principal delegate, shall conduct the hearing or examination of any persons heard. Any member may put questions to the parties or to the persons heard with the leave of the President or the principal delegate.

2. A party may, with the permission of the President or of the principal delegate, also put questions to any person heard.

Rule 41

1. The Secretary shall be responsible for the production of verbatim records of hearings before the Commission.

2. The parties or, where appropriate, their representatives shall receive a draft verbatim record of their submissions in order that they may propose corrections to the Secretary within a time-limit laid down by the President. After necessary corrections, if any, the text shall constitute certified matters of record.

Rule 42

1. The expenses incurred by any person who is heard by the Commission as a witness at the request of a party shall be borne either by that party or by the Council of Europe, as the Commission may decide. Where it is decided that the expenses shall be borne by the Council of

Europe, the amount shall be fixed by the President of the Commission.

2. The expenses incurred by any such person whom the Commission hears proprio motu shall be fixed by the President and be borne by the Council of Europe.

3. Where the Commission decides to obtain written expert opinions, the costs, as agreed by the President, shall be borne by the Council of Europe.

4. Where the Commission decides to obtain written evidence, any costs incurred by the party who submits it shall be borne either by that party or by the Council of Europe, as the Commission may decide. Where it is decided that the costs shall be borne by the Council of Europe, the amount shall be agreed by the President of the Commission.

Chapter III: Institution of Proceedings

Rule 43

1. Any application made under Articles 24 or 25 of the Convention shall be submitted in writing and shall be signed by the applicant or by the applicant's representative.

2. Where an application is submitted by a non-governmental organisation or by a group of individuals, it shall be signed by those persons competent to represent such organisation or group. The Commission shall determine any question as to whether the persons who have signed an application are competent to do so.

3. Where applicants are represented in accordance with Rule 32 of these Rules, a power of attorney or written authorisation shall be supplied by their representative or representatives.

Rule 44

1. Any application under Article 25 of the Convention shall be made on the application form provided by the Secretariat, unless the President decides otherwise. It shall set out:

a. the name, age, occupation and address of the applicant;

b. the name, occupation and address of the representative, if any;

c. the name of the High Contracting Party against which the application is made;

d. the object of the application and the provision of the Convention alleged to have been violated;

e. a statement of the facts and arguments;

f. any relevant documents and in particular the decisions, whether judicial or not, relating to the object of the application.

2. Applicants shall furthermore:

a. provide information enabling it to be shown that the conditions laid down in Article 26 of the Convention have been satisfied;

b. indicate whether they have submitted their complaints to any other procedure of international investigation or settlement;

c. indicate in which of the official languages they wish to receive the Commission's decisions;

d. indicate whether they do or do not object to their identity being disclosed to the public;

e. declare that they will respect the confidentiality of the proceedings before the Commission.

3. Failure to comply with the requirements set out under paragraphs 1 and 2 above may result in the application not being registered and examined by the Commission.

4. The date of introduction of the application shall in general be considered to be the date of the first communication from the applicant setting out, even summarily, the object of the application.

The Commission may nevertheless for good cause decide that a different date be considered to be the date of introduction.

5. Applicants shall keep the Commission informed of any change of their address and of all circumstances relevant to the application.

Chapter IV: Proceedings on admissibility

Rule 45

1. Where, pursuant to Article 24 of the Convention, an application is brought before the Commission by a High Contracting Party, the President of the Commission shall give notice of such application to the High Contracting Party against which the claim is made and shall

invite it to submit to the Commission its observations in writing on the admissibility of such application. The observations so obtained shall be communicated to the High Contracting Party which brought the application and it may submit written observations in reply.

2. The Commission shall designate one or more of its members to submit a report on admissibility. Rule 47, paragraph 3, is, by analogy, applicable to this report.

3. Before deciding upon the admissibility of the application the Commission may invite the parties to submit further observations, either in writing or at a hearing.

Rule 46

In any case of urgency, the Secretary to the Commission may, without prejudice to the taking of any other procedural steps, inform a High Contracting Party concerned in an application, by any available means, of the introduction of the application and of a summary of its objects.

Rule 47

1. Any application submitted pursuant to Article 25 of the Convention shall be referred to a member of the Commission who, as rapporteur, shall examine the application and submit a report to the Commission on its admissibility and a proposal on the procedure to be adopted.

2. Rapporteurs , in their examination of the application:

a. may request relevant information on matters connected with the application, from the applicant or the High Contracting Party concerned;

b. shall communicate any information so obtained from the High Contracting Party to the applicant for comments;

c. shall decide whether to refer the application to a Committee.

3. The report of the rapporteur on the admissibility of the application shall contain:

a. a statement of the relevant facts, including any information or comments obtained under paragraph 2 of this Rule;

b. if necessary, an indication of the issues arising under the Convention in the application;

c. a proposal on admissibility and on any other action to be taken, as the case may require.

Rule 48

1. The Commission shall consider the report of the rapporteur and may declare at once that the application is inadmissible or to be struck off its list.

2. Alternatively, the Commission may:

a. request relevant information on matters connected with the application from the applicant or the High Contracting Party concerned. Any information so obtained from the High Contracting Party shall be communicated to the applicant for comments;

b. give notice of the application to the High Contracting Party against which it is brought and invite that Party to present to the Commission written observations on the application.

Any observations so obtained shall be communicated to the applicant for any written observations in reply.

Rule 49

1. An application shall be referred to a Chamber unless it has been referred to a Committee under Rule 47, paragraph 2 c, or its examination by a Chamber is excluded under Article 20, paragraphe 2, of the Convention.

2. Applications shall normally be referred to the Chamber which includes the member of the Commission elected in respect of the High Contracting Party against which the application has been made.

3. If there is a reasoned request from a party that the application should be referred to the Plenary Commission, that request shall be considered by the Plenary Commission.

4. The members of the Commission shall be informed of the decisions of the Chambers.

Rule 50

Before deciding upon the admissibility of the application, the Commission may invite the parties:

a. to submit further observations in writing;

b. to submit further observations orally at a hearing on issues of admissibility and at the same time, if the Commission so decides, on the merits of the application.

Rule 51

Time-limits shall be fixed by the rapporteur for any information or comments requested under Rule 47, paragraph 2, and by the Commission for any information, observations or comments requested under Rule 48, paragraph 2 and under Rule 50.

Rule 52

1. The decision of the Commission shall be communicated by the Secretary of the Commission to the applicant and to the High Contracting Party or Parties concerned. However, in the case provided for in paragraph 1 of Rule 48 or where information has been obtained from the applicant only, the decision shall be communicated to the High Contracting Party or Parties concerned only at their request and provided that the Commission does not decide otherwise.

2. The decision of the Commission shall state whether it was taken unanimously or by majority and shall be accompanied or followed by reasons.

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.

TITLE IV: RELATIONS OF THE COMMISSION WITH THE COURT

Rule 63

1. The Commission shall assist the European Court of Human Rights in any case brought before the Court. When a case is referred to the Court the Commission shall appoint, at a plenary session, one or more delegates to take part in the consideration of the case before the Court. These delegates may be assisted by any person appointed by the Commission. In discharging their functions they shall act in accordance with such directives as they may receive from the

Commission.

2. Until delegates have been appointed, the President may, if consulted by the Court, express views upon the procedure to be followed before the Court.

Rule 64

1. When, in pursuance of Article 48 a of the Convention, the Commission decides to bring a case before the Court, it shall draw up a request indicating in particular:

a. the parties to the proceedings before the Commission;

b. the date on which the Commission adopted its Report;

c. the date on which the Report was transmitted to the Committee of Ministers;

d. the object of the request;

e. the names and addresses of its delegates.

2. The Secretary of the Commission shall transmit to the Registry of the Court forty copies of the request referred to in paragraph 1 of this Rule.

Rule 65

When, in pursuance of Article 48 b, c or d of the Convention, a High Contracting Party brings a case before the Court, the Secretary of the Commission shall communicate to the Registry of the Court as soon as possible:

a. the names and addresses of the Commission's delegates;

b. any other information which the Commission may considerappropriate .

Rule 66

The Secretary to the Commission shall, as soon as the request referred to in Rule 64, paragraph 2, above, has been transmitted or the communication mentioned in Rule 33, paragraph 1 c, of the Rules of Court, has been received, file with the Registry of the Court an adequate number of copies of the Commission's Report.

Rule 67

The Commission shall communicate to the Court, at its request, any memorial, evidence, document or information concerning the case, with the exception of documents relating to the attempt to secure a friendly settlement in accordance with Article 28, paragraph 1 b, of

the Convention. The communication of those documents shall be subject in each case to a decision of the Commission.

FINAL TITLE

Rule 68

1. Any Rule may be amended upon motion made after notice when such motion is carried at a plenary session of the Commission by a majority of all the members of the Commission. Notice of such a motion shall be delivered in writing to the Secretary of the Commission at least one

month before the session where it is to be discussed. On receipt of such notice of motion the Secretary shall be required to inform all members of the Commission at the earliest possible moment.

2. Any Rule may be suspended upon motion made without notice, provided that this decision is taken unanimously. The suspension of a Rule shall in this case be limited in its operation to the particular purpose for which such suspension has been sought.

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.