Human Rights Chamber

The authorisation to file an application to the Chamber shall be determined under Article VIII.1 of Annex 6. According to this provision, the Chamber “shall receive by referral from the Ombudsman on behalf of an applicant, or directly from any Party or person, non-governmental organisation, or group of individuals claiming to be the victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing, for resolution or decision applications concerning alleged or apparent violations of human rights within the scope of paragraph 2 of Article II”.

So, both parties to the proceedings before the Chamber and the possible subject of the application are determined in that way. An application is ratione personae inadmissible if the applicant does not claim to be the victim of human rights violations under the circumstances of the case or if he/she claims to have filed an application on behalf of the victims that died or went missing (the authorisation to file an application/standing to sue) or if the complaints on violations of human rights under Article 2, paragraph 2 of Annex 6 do not fall under the scope of responsibility of one of the respondent parties (the right respondent party/standing to be sued).³²⁰⁸ If the applicant is also a signatory party of Annex 6, then the request to prove the status as victim is struck out. The signatory parties are regarded as exercising the right of action not for the purpose of their own rights but to be responsible for the protection of Annex 6, based on objective criteria.³²⁰⁹