Identity area
Reference code
Title
Date(s)
- 2001-2004
Level of description
Extent and medium
9 items
Context area
Repository
Archival history
Immediate source of acquisition or transfer
Content and structure area
Scope and content
Materials pertaining to cases litigated as part of the Kurdish Litigation Project that were struck from the list of cases before the European Court of Human Rights under Article 37 of the European Convention on Human Rights during the spring of 2002, including judgments published by the Court striking out four Kurdish cases, observations from Françoise Hampson on cases to be struck out, and internal correspondence between Françoise Hampson, Aisling Reidy, Kevin Boyle, and Tony Fisher on their pessimism regarding the efficacy of the Court in litigating Kurdish cases, what they saw as the Court's apparent newfound preference for ‘imposed friendly settlements’, and the impending winding up of the Litigation Project.
Article 37 reads:
"1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that (a) the applicant does not intend to pursue his application; or (b) the matter has been resolved; or (c) for any other reason established by the Court, it is no longer justified to continue the examination of the application. However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.
- The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course."