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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 327
circumstances where publicity would prejudice the interests of
justice. 859 Judgments of the Chamber are final, when the
parties declare that they will not request referral to the Grand
Chamber, or when three months have passed from the date of
the judgment, without this referral being asked, or the Grand
Chamber rejected the request of referral. 860
Just satisfaction: If the Court finds a violation, it will afford
just satisfaction to the injured party. 861 To make the award, the
Court will need to receive from the applicant a specific claim of
just satisfaction, and the submission of items particular to the
claim, together with any relevant supporting document, within
the time-limits set by the President for submission of the
applicant’s observations on the merits. 862 Additionally, “in
certain particular situations, … the Court may find it useful to
indicate to the respondent State the type of measures that
might be taken in order to put an end to the – often systemic –
situation that gave rise to the finding of a violation ….
Sometimes the nature of the violation found may be such as to
leave no real choice as to the measures required …”. 863 In the
case of Hirsi Jamaa and Others v. Italy, since “the transfer of
the applicants exposed them to the risk of being subjected to
ill-treatment in Libya and of being arbitrarily repatriated to
Somalia and Eritrea”, 864 the European Court ordered the Italian
Government to “take all possible steps to obtains assurances
from the Libyan authorities that the applicants will not be
subjected to treatment incompatible with Article 3 of the
Convention or arbitrarily repatriated.” 865
859
Article 40 ECHR. See, Rules 33 and 63, ECtHR Rules of Procedure.
860
Article 44 ECHR.
861
Article 41 ECHR.
862
Rule 60, ECtHR Rules of Procedure.
863
Hirsi Jamaa and Others v. Italy, ECtHR, GC, op. cit., fn 46, para.
209. The measures are ordered under Article 46 ECHR.
864 Ibid. para. 211.
865 Ibid., para. 211.