{"id":1641,"date":"2018-04-09T13:24:13","date_gmt":"2018-04-09T12:24:13","guid":{"rendered":"http:\/\/rcstaging.co.uk\/ehrac\/?post_type=resources&p=1641"},"modified":"2023-10-31T20:43:29","modified_gmt":"2023-10-31T20:43:29","slug":"the-european-court-and-secret-state-documents","status":"publish","type":"case-studies","link":"http:\/\/ehrac.org.uk\/en_gb\/key-ehrac-cases\/the-european-court-and-secret-state-documents\/","title":{"rendered":"The European Court and \u2018secret\u2019 state documents"},"content":{"rendered":"\n\t\t
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On 9 April, EHRAC submitted a response<\/a> to the consultation by the European Court of Human Rights\u2019 Standing Committee on the Rules of the Court on the Treatment of Classified Documents. In it, we make a range of points<\/a> about state authorities\u2019 non-disclosure of documents on the basis that they are \u2018classified\u2019 or otherwise confidential, or when the authorities claim not to have certain documents in the first place.<\/p>\n

You can read our submission here.<\/a><\/cite><\/p>\n

Our paper<\/a> responds to the Court\u2019s proposal to introduce a new Rule of Court (Rule 44F) on classified documents. Based on our extensive experience of litigating cases from Russia, Ukraine and the South Caucasus states \u2013 where access to certain documents is regularly denied to us on the basis that they are said to be classified or it is claimed that they do not (or no longer) exist \u2013 we are broadly supportive of the proposed draft rule providing:<\/p>\n