Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 315
The European Court of Human Rights has found violations of
this obligation when a prison administration refused to post the
applicant’s letter to the Court itself or interfered with it, 809 or
when the applicant was directly asked by the national
authorities about the petition, 810 or when the applicant was
pressured or intimidated by the national authorities not to file
or to withdraw the application. 811
The Committee against Torture determined that a State had
violated the applicant’s right to petition where it did not grant a
reasonable period of time before the execution of the final
decision to remove him from the national territory, so as to not
allow him to consider whether to petition the Committee
itself. 812
5. Third party interventions
The universal treaty bodies – HRC, CESCR, CAT, CERD and
CEDAW – do not provide expressly for the presentation of
formal third party interventions in individual cases. 813 It may
however be possible to intervene in the case by asking the
applicant to include the third party interventions in his or her
application, or to petition the treaty body on an ad hoc basis.
As for the European Court of Human Rights, according to
Article 36 ECHR, in all cases before Chambers or the Grand
Chamber, the “President of the Court may, in the interest of
the proper administration of justice, invite any High Contracting
809
Poleshchuk v. Russia, ECtHR, op. cit., fn. 1369; Cotlet v. Romania,
ECtHR, op. cit., fn. 1369.
810
Akdivar v. Turkey, ECtHR, op. cit., fn. 937.
811
See, Kurt v. Turkey, ECtHR, op. cit., fn. 724; and Ilascu and Others
v. Russia and Moldova, ECtHR, op. cit., fn. 406.
812
Agiza v. Sweden, CAT, op. cit., fn. 332, para. 13.9.
813
The rules of procedure of the Human Rights Committee or the OP-
ICCPR do not mention third party interventions. See also, Article 8.1
OP-ICESCR; Rule 118.2, CAT Rules of Procedure; Rule 95.2, CERD
Rules of Procedure; Rule 72.2, CEDAW Rules of Procedures.