Today, on 9 August 2022, referring to Article 36, paragraph 2, of the European Convention for the Protection of Fundamental Rights and Freedoms (the Convention), Latvia asked the European Court of Human Rights (the Court) for a leave to intervene as a third party in the case of Ukraine v. Russia (X).
This is the first time Latvia has exercised its rights under Article 36, paragraph 2, of the Convention to request leave to intervene as a third party in the interstate case. Previously Latvia has intervened as a third party in several proceedings where the Court examined individual applications concerning alleged violations of the Convention by other Contracting Parties.
Interstate cases are lodged pursuant to Article 33 of the Convention, allowing any Contracting Party to the Convention refer to the Court an alleged breach of the provisions of the Convention by another Contracting Party. Interstate cases are an extraordinary measure, instituted in very rare circumstances, usually in situations where serious concerns exist of systemic and continued violations of human rights, including mass atrocities and human rights violations during the armed conflicts.
The decision on whether to grant Latvia leave to intervene as a third party in the above case will be taken by the Court. If the Court allows Latvia to intervene as a third party in the above case, Latvia will have the right to submit observations regarding the interpretation of the provisions of the Convention that are the subject matter of the interstate proceedings.