Chapter III: Institution of
Proceedings Rule 43
1. Any application made under Articles 24 or 25 of the Convention shall be submitted in
writing and shall be signed by the applicant or by the applicant's representative.
2. Where an application is submitted by a non-governmental organisation or by a group
of individuals, it shall be signed by those persons competent to represent such
organisation or group. The Commission shall determine any question as to whether the
persons who have signed an application are competent to do so.
3. Where applicants are represented in accordance with Rule 32 of these Rules, a power
of attorney or written authorisation shall be supplied by their representative or
representatives.
Rule 44
1. Any application under Article 25 of the Convention shall be made on the application
form provided by the Secretariat, unless the President decides otherwise. It shall set
out:
a. the name, age, occupation and address of the applicant;
b. the name, occupation and address of the representative, if any;
c. the name of the High Contracting Party against which the application is made;
d. the object of the application and the provision of the Convention alleged to have
been violated;
e. a statement of the facts and arguments;
f. any relevant documents and in particular the decisions, whether judicial or not,
relating to the object of the application.
2. Applicants shall furthermore:
a. provide information enabling it to be shown that the conditions laid down in Article
26 of the Convention have been satisfied;
b. indicate whether they have submitted their complaints to any other procedure of
international investigation or settlement;
c. indicate in which of the official languages they wish to receive the Commission's
decisions;
d. indicate whether they do or do not object to their identity being disclosed to the
public;
e. declare that they will respect the confidentiality of the proceedings before the
Commission.
3. Failure to comply with the requirements set out under paragraphs 1 and 2 above may
result in the application not being registered and examined by the Commission.
4. The date of introduction of the application shall in general be considered to be the
date of the first communication from the applicant setting out, even summarily, the object
of the application. The Commission may nevertheless for good cause decide that a different
date be considered to be the date of introduction.
5. Applicants shall keep the Commission informed of any change of their address and of
all circumstances relevant to the application.