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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 325
considered appropriate, to decide the admissibility and merits
of the application at the same time. 851
Friendly Settlement: At any stage of the proceedings, the
Court may be at the disposal of the parties with a view of
securing a friendly settlement of the dispute. In this case,
proceedings are confidential and are conducted by the Registry
under instruction of the Chamber or its President. If the
settlement is reached, the case will be struck off the list and
the decision of the Court will be limited to a brief statement of
the facts and solution reached, which will be transmitted to the
Committee of Ministers for supervision of its execution. 852
Striking Out of the List: At any stage of the proceedings, the
Court may decide to strike the application out of its list of cases
when the applicant does not intend to pursue his application;
the matter has been resolved; or when, 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”, 853 and it can also decide to restore an
application previously struck out. 854 The case will also be struck
out when a friendly settlement between the parties has been
reached 855 or when a unilateral declaration by the respondent
State is accepted by the Court. In this last case, the Court may
strike the case out of the list even if the applicant wishes the
case to continue. 856 It will depend, however, on whether
851
Article 29 ECHR; Rules 54 and 54A, ECtHR Rules of Procedure.
852
Article 39 ECHR; Rule 62, ECtHR Rules of Procedure.
853
Article 37.1 ECHR.
854
See, Article 37 ECHR; Rule 43, ECtHR Rules of Procedure.
855
See, Rule 43.3, ECtHR Rules of Procedure.
856
See, Akman v. Turkey, ECtHR, Application No. 37453/97,
Admissibility Decision, 26 June 2001, paras. 28-32; and, Tahsin Acar
v. Turkey, ECtHR, Application No. 26307/95, Judgment of 8 April
2004, paras. 75-76.