NGOs under European Convention on Human Rights / Tymofeyeva

neither medical care nor even food to Mr Câmpeanu. On the evening of the day of visit, Mr. Câmpeanu died. Following the death, CLR brought numerous domestic proceedings aimed at clarifying the circumstances leading up to and surrounding Valentin Câmpeanu’s death. Once the investigations had concluded that there had been no criminal wrongdoing in connection with his death, CLR lodged the application with the Court. The Court observed that Mr Câmpeanu did not initiate any proceedings before the domestic courts to complain about his medical and legal situation. 437 While formally he was considered to be a person with full legal capacity, in practice he was treated as a person who did not have such capacity. He was mentally and physically ill. Nonetheless, the state authorities did not appoint a competent person or guardian to take care of his interests, whether legal or otherwise, despite the statutory requirement to do so. In these exceptional circumstances and bearing in mind the serious nature of the allegations, the Court decided to grant CLR standing of de facto representative of Mr Valentin Câmpeanu. The Court highlighted that the respondent state should not escape accountability for the situation, which was a result of its own failure to appoint a legal representative to act on Mr Câmpeanu’s behalf, as it was required to do under national law. 438 As a result, violations of Articles 2 and 13 taken together with Article 2 of the Convention were found. The Court noticed that the facts and circumstances of this case disclose the existence of a wider problem in Romania. It recommended, therefore, that the respondent state ensure that mentally disabled persons in a situation comparable to that of Mr Câmpeanu are afforded independent representation, enabling them to have Convention complaints relating to their health and treatment examined before a court or other independent body. 439 The case serves as an example of representation of an applicant by an NGO without a power of attorney and readiness of the Court to accept further complaints of this type until Romania adopts required general measures to guarantee representation of mentally ill persons before judicial bodies. Undoubtedly, in similar circumstances NGOs will be entitled to lodge comparable complaints against the other CoE member states, as well. Duties of a representative Rule 36 of the Rules of Court envisages that an NGO spokesperson in the capacity of a representative of the applicant must be an advocate authorized to practice in one of the Contracting Parties, and shall have a permanent residence in the territory of one of them. This rule applies to at least one representative of the applicant. In cases where there are a number of representatives, it is sufficient that one of them has the status of person eligible to act as an advocate in a CoE member state. 440 The word ‘advocate’ in Rule 36 implies any legal professional. For example, in Ukraine a person

437 Centre for Legal Resources [GC], cited above, § 108. 438 Ibid., § 112, 439 Ibid. , § 161. 440 D. H. , cited above, § 2.

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