7
which these latter can take the initiative of freely resorting to the Commission,
without any impediment or difficulty being raised by the State Party at issue 20.
20.
The right of individual petition is, thus, endowed with autonomy, distinct as
it is from the substantive rights listed in title I of the European Convention. Any
obstacle interposed by the State Party at issue to its free exercise would bring
about, therefore, an additional violation of the Convention, parallel to other
violations which become proved of the substantive rights enshrined in this latter.
Its autonomy was in no way affected by the fact of having been originally foreseen
in an optional clause of the Convention (Article 25).
21.
In the second place, and reinforcing this point, both the European
Commission and Court of Human Rights have understood that the concept itself of
victim (in the light of Article 25 of the Convention) ought to be interpreted
autonomously under the Convention. This understanding today finds solid support
in the jurisprudence constante under the Convention. Thus, in several decisions in
recent years, the European Commission has consistently and invariably warned that
the concept of "victim" utilized in Article 25 of the Convention ought to be
interpreted in an autonomous way and independently of concepts of domestic law
such as those of the interest or quality to interpose a judicial action or to participate
in a legal process 21.
22.
The European Court, in its turn, in the case Norris versus Ireland (1988),
pondered that the conditions which govern individual petitions under Article 25 of
the Convention "are not necessarily the same as national criteria relating to locus
standi", which may even serve purposes distinct from those contemplated in the
above-mentioned Article 25 22. The autonomy of the right of individual petition at
international level vis-à-vis provisions of domestic law thus clearly ensues
20.
Compare the Judgment, of 20.03.1991, of the European Court of Human
Rights in the case Cruz Varas and Others versus Sweden (Merits, Series A, vol. 201), pp. 3334 and 36, pars. 92-93 and 99, with the Opinion, of 07.06.1990, of the European
Commission of Human Rights in the same case (Annex, in ibid.), pp. 50-52, pars. 118, 122
and 125-126. The Commission went further than the Court, arguing, moreover, that, in
failing to comply with a request of not deporting the individual complainant (H. Cruz Varas,
Chilean), Suweden violated the obligation provided for in Article 25 in fine of the European
Convention of not impeding the efficacy of the right of individual petition; the European
Court, in a decision adopted by 10 votes to 9, did not agree with the Commission - in a less
persuasive form than this latter - on this point in particular.
21.
Cf. in this sense: European Commission of Human Rights (EComHR), case
Scientology Kirche Deutschland e.V. versus Germany (appl. n. 34614/96), decision of
07.04.1997, 89 Decisions and Reports (1997) p. 170; EComHR, case Zentralrat Deutscher
Sinti und Roma y R. Rose versus Germany (appl. n. 35208/97), decision of 27.05.1997, p. 4
(unpublished); EComHR, case Greek Federation of Customs Officials, N. Gialouris, G.
Christopoulos and 3333 Other Customs Officials versus Greece (appl. n. 24581/94), decision
of 06.04.1995, 81-B Decisions and Reports (1995) p. 127; EComHR, case N.N. Tauira and 18
Others versus France (appl. n. 28204/95), decision of 04.12.1995, 83-A Decisions and
Reports (1995) p. 130 (petitions against the French nuclear tests in the atoll of Mururoa and
in that of Fangataufa, in French Polinesia); EComHR, case K. Sygounis, I. Kotsis and Police
Union versus Greece (appl. n. 18598/91), decision of 18.05.1994, 78 Decisions and Reports
(1994) p. 77; EComHR, case Association of Air Pilots of the Republic, J. Mata el Al. versus
España (appl. n. 10733/84), decision of 11.03.1985, 41 Decisions and Reports (1985) p.
222. - According to this same case-law, to fulfil the condition of "victim" (under Article 25 of
the Convention) there ought to be a "sufficiently direct link" between the individual
complainant and the alleged damage, resulting from the alleged violation of the Convention.
22.
European Court of Human Rights, case Norris versus Ireland, Judgment of
26.10.1988, Series A, vol. 142, p. 15, par. 31.