The Commissioner can submit written comments to the European Court of Human Rights and take part in hearings in any case before a Chamber or Grand Chamber (Article 36 §3 of the European Convention on Human Rights).
The right to do so at her own initiative was introduced by Protocol No. 14 to the Convention, which entered into force on 1 June 2010. The Commissioner’s observations are based on her country and thematic activities.
C.O.C.G. and Others v. Lithuania, H.M.M. and Others v. Latvia, R.A. and Others v. Poland
On 22 October 2024, the Commissioner O'Flaherty submitted his written observations to the European Court of Human Rights in the cases of in the cases of C.O.C.G. and Others v. Lithuania, H.M.M. and Others v. Latvia, and R.A. and Others v. Poland. The cases relate to the alleged summary returns of asylum seekers by each of the three states across their borders with Belarus.
> Read the observations in the case of C.O.C.G. and Others v. Lithuania
> Read the observations in the case of H.M.M. and Others v. Latvia
> Read the observations in the case of R.A. and Others v. Poland
Hungarian Helsinki Committee v. Hungary
On 30 August 2024, the Commissioner O'Flaherty submitted his written observations to the European Court of Human Rights on the cases of Hungarian Helsinki Committee v. Hungary, concerning the introduction of Article 353/A of the Criminal Code constituting a component of broad restrictions to freedom of expression and freedom of association of civil society in Hungary.
> Read the observations
Irina Borisovna FEDOTOVA and Irina Vladimirovna SHIPITKO and 2 other applications v. Russia
On 16 March 2022, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the cases of Irina Borisovna FEDOTOVA and Irina Vladimirovna SHIPITKO and 2 other applications v. Russia, concerning the absence of legal recognition of same-sex relationships in Russia.
> Read the observations
R.A. and others v. Poland
On 27 January 2022, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the cases of R.A. and others v. Poland, concerning the situation of asylum seekers and migrants stranded at the border between Poland and Belarus.
> Read the observations
K.B. v. Poland and 3 other applications, K.C. v. Poland and 3 other applications and A.L. - B. v. Poland and 3 other applications
On 28 October 2021, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the cases of K.B. v. Poland and 3 other applications, K.C. v. Poland and 3 other applications and A.L. - B. v. Poland and 3 other applications, concerning abortion rights in Poland.
> Read the observations
H.F. and M.F. v. France and J.D. and A.D. v. France
On 25 June 2021, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the cases of H.F. and M.F. v. France and J.D. and A.D. v. France. These cases relates to the fate of European nationals held in camps in North-East Syria.
> Read the observations (also in French)
> Read the oral submission at the hearing
Eugeniu CLIPEA and Virginia IAPARA v. the Republic of Moldova
On 17 June 2021, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case of Eugeniu CLIPEA and Virginia IAPARA v. the Republic of Moldova. This case relates to alleged ill-treatment of persons with psychosocial disabilities at a psychiatric hospital.
> Read the observations
Cláudia DUARTE AGOSTINHO and others v. Portugal and 32 other States
On 5 May 2021, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case of Cláudia DUARTE AGOSTINHO and others v. Portugal and 32 other States. This case relates to the negative impact of climate change on a range of human rights.
> Read the observations
> Read the oral submission at the hearing
S.B. v. Croatia, A.A. v. Croatia and A.B. v. Croatia
On 22 December 2020, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case of S.B. v. Croatia, A.A. v. Croatia and A.B. v. Croatia. These cases relate to the summary return of the three applicants, who are nationals of Syria, from Croatia to Bosnia and Herzegovina.
> Read the observations
Katarzyna FORMELA and Sylwia FORMELA v. Poland and 3 other applications; Cecylia PRZYBYSZEWSKA v. Poland and 9 other applications, and Antoni MESZKES v. Poland
On 30 October 2020, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case of Katarzyna FORMELA and Sylwia FORMELA against Poland and 3 other applications; Cecylia PRZYBYSZEWSKA against Poland and 9 other applications, and Antoni MESZKES against Poland. These cases concern the absence of a legal framework for persons of the same sex either to marry or to have their stable relationships legally recognised.
> Read the observations
Buhuceanu and Ciobotaru v. Romania and 12 other applications
On 14 September 2020, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case of Florin Buhuceanu and Victor Ciobotaru v. Romania and 12 other applications. These cases concern the absence of a legal framework for the recognition of stable same-sex relationships.
> Read the observations
Wikimedia Foundation v. Turkey
On 18 November 2019, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case Wikimedia Foundation v. Turkey. This case relates to the blocking in Turkey of Wikipedia, a free, multi-lingual, collaborative online encyclopaedia hosted by the applicant, a non-profit organisation.
> Read the observations
S.S. and others v. Italy
On 15 November 2019, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case S.S. and others v. Italy. This case relates to the interception and rescue operation of a migrant dinghy in distress in the Mediterranean Sea.
> Read the observations
Dabo v. Sweden
On 24 May 2019, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case Dabo v. Sweden. This case relates to the refusal to grant family reunification.
> Read the observations
M.A. v. Denmark
On 31 January 2019, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case M.A. v. Denmark. This case relates to the refusal to grant family reunification.
> Read the observations
> Read the oral submission at the hearing
Mehmet Osman KAVALA v. Turkey
On 20 December 2018, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case Mehmet Osman KAVALA v. Turkey. This case relates to the arrest and detention of the applicant.
Further to the question referred to the Court by the Council of Europe Committee of Ministers, in February 2022, under Article 46 § 4 of the European Convention, as to whether Turkey has failed to fulfil its obligations to implement the judgment in this case, the Commissioner submitted her written comments to the Court on 6 April 2022.
> Read the written observations (2018) and the written comments (2022)
Emin HUSEYNOV v. Azerbaijan
On 28 September 2018, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the case Emin HUSEYNOV v. Azerbaijan. This case relates to the deprivation of nationality of the applicant.
> Read the observations
María del Mar Caamaño Valle v. Spain
On 17 July 2018, the Commissioner Mijatović submitted her written observations to the European Court of Human Rights on the María del Mar Caamaño Valle case v. Spain. This case concerns a person with intellectual disabilities whose right to vote has been withdrawn by a court in Spain.
> Read the observations
N.D. v. Spain and N.T. v. Spain
On 28 March 2018, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the cases of N.D. v. Spain and N.T. v. Spain. These cases relates to the return of the two applicants from the Spanish city of Melilla to Morocco.
> Read the observations
> Read the oral submission at the hearing
Ştefan-Moshe Stoian and Luminiţa Stoian v. Romania
On 13 November 2017, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the Stoian case v. Romania. This case is related to equal access to education children with disabilities.
> Read the observations
12 applications v. Turkey
On 2 November 2017, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on 12 cases v. Turkey. These cases are related to the freedom of expression and right to liberty and security of parliamentarians.
> Read the observations
> Read the oral intervention in Dermirtas v. Turkey (No. 2)
10 applications v. Turkey
On 10 October 2017, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on 10 cases v. Turkey. These cases are related to the freedom of expression and right to liberty of journalists.
> Read the observations
ECODEFENCE and others v. Russia and 48 other applications (Application n° 9988/13)
On 5 July 2017, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on cases v. Russia. These cases are related to the "Law on Foreign Agents".
> Read the observations
34 applications v. Turkey
On 5 May 2017, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on 34 cases v. Turkey. These cases are related to events which have occurred since August 2015 in the context of counter-terrorism operations and curfews in South-Eastern Turkey.
> Read the observations
Bagirov v. Azerbaijan (Application No.28198/15)
On 22 November 2016, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of Bagirov v. Azerbaijan. This case relates to the disbarment of the applicant, an Azerbaijani lawyer who had been actively involved in the defence of human rights, from the Azerbaijani Bar Association.
> Read the observations
Svetlana Khusainovna ESTEMIROVA v. the Russian Federation (Application No. 42705/11)
On 14 March 2016, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of Svetlana Khusainovna ESTEMIROVA v. the Russian Federation. This case relate to the killing of a prominent Russian human rights defender.
> Read the observations
Khadija ISMAYILOVA v. Azerbaijan (Application No. 30778/15)
On 16 January 2016, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the cases of Khadija ISMAYILOVA v. Azerbaijan. This case relate to the institution of criminal proceedings against the applicant and her remand in custody and her request for the replacement of her pre-trial detention by house arrest or her release on bail.
> Read the observations
S.O. v. Austria and A.A. v. Austria (Applications No. 44825/15 and No. 44944/15)
On 17 December 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the cases of S.O. v. Austria and A.A. v. Austria. Theses cases relate to the return of the two applicants from Austria to Hungary.
> Read the observations
N.D. v. Spain and N.T. v. Spain (Applications No. 8675/15 and No. 8697/15)
On 9 November 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of N.D. v. Spain and N.T. v. Spain. These cases relate to the return of the two applicants from the Spanish city of Melilla to Morocco.
> Read the observations
Leyla YUNUSOVA and Arif YUNUSOV v. Azerbaijan (Application No. 68817/14 )
On 20 April 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of human rights defenders Leyla YUNUSOVA and Arif YUNUSOV, which highlights systematic deficiencies in the area of freedom of expression and association in Azerbaijan, including retaliatory measures against critical voices in the country.
> Read the observations
Rasul JAFAROV v. Azerbaijan (Application No. 69981/14 )
On 30 March 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of human rights defender Rasul Jafarov, which further illustrate the serious and systemic human rights problems faced in Azerbaijan by journalists, lawyers and rights activists who are often subject to reprisals and judicial harassement.
> Read the observations
Anar MAMMADLI v. Azerbaijan (Application no. 47145/14)
On 30 March 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of human rights defender Anar Mammadli, which further illustrate the serious and systemic human rights problems faced in Azerbaijan by journalists, lawyers and rights activists who are often subject to reprisals and judicial harassement.
> Read the observations
Intigam ALIYEV v. Azerbaijan (Application No. 68762/14)
On 16 March 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of human rights defender and lawyer Intigam Aliyev, in which he underscores that the present case is an illustration of a serious and systemic human rights problem in Azerbaijan, where critical voices are often subject to reprisals and judicially harassed.
> Read the observations
Hilal MAMMADOV v. Azerbaijan (Application No. 81553/12)
On 19 February 2015, the Commissioner Muižnieks submitted written observations to the European Court of Human Rights on the case of Hilal Mammadov against Azerbaijan, in which he stresses the systematic deficiencies in the area of freedom of expression, including judicial harassment of critical voices, and a pattern of retaliatory measures against those who co-operate with international organisations to expose human rights violations in the country.
> Read the observations
The Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania (Application No. 47848/08)
On 18 October 2011, the Commissioner Hammarberg submitted written observations to the European Court of Human Rights on a case concerning the treatment of a person with disability in Romania. It is the first submitted on his own initiative since the entry into force of Protocol No. 14 to the Convention on 1 June 2010.
> Read the observations.
M.S.S. v. Belgium and Greece (Application No. 30696/09)
On 3 May 2010, the Court invited the Commissioner Hammarberg to submit written observations concerning the case of M.S.S. v. Belgium and Greece relating to the transfer of an asylum seeker from Belgium to Greece under the Dublin Regulation. On 1 September 2010, the Commissioner intervened orally during the hearing before the Grand Chamber of the European Court of Human Rights in this case.
> Read the observations
14 Applications concerning the Netherlands and Greece
On 9 November 2009, the Court invited the Commissioner Hammarberg to submit written observations concerning a group of 14 cases relating to the transfer of asylum seekers from the Netherlands to Greece under the Dublin Regulation.
> Read the observations
Mamasakhlisi v. Georgia and Russia (Application No. 29999/04)
On 16 August 2007, the Commissioner Hammarberg replied to questions put forward by the Court relating to the situation of an applicant.
> Read the observations