Ministry for Foreign Affairs: Decision of the European Court of Human Rights in a matter concerning extraordinary appeal
On 17 June 2021, the European Court of Human Rights (ECtHR) issued a decision declaring inadmissible an application against Finland, after considering that the provisions of the European Convention on Human Rights (ECHR) were not applicable to the application and that the applicant had not exhausted all domestic remedies.
Relying on Article 6 of the ECHR, the applicant complained that the proceedings for the reversal of his final judgement were not fair, for the request for reversal had been rejected by the Supreme Administrative Court. Under Article 6, the applicant also complained about access to court, since he was unable to submit a claim for damages after his request for reversal had been rejected.
Without communicating the application to the Finnish Government for a reply, the ECtHR considered that the reversal proceedings did not fall within the scope of Article 6 of the ECHR. The provisions of the ECHR were therefore not applicable to the application. The ECHR further noted that the applicant had not brought an action for damages before a district court and that there is no indication that this remedy is not effective. The applicant had thus not exhausted all national remedies. The ECtHR dismissed the application.
This decision by the ECtHR is related to its decision of 27 January 2015 following an application by the same applicant concerning the ne bis in idem prohibition.
Inquiries: Krista Oinonen, Agent of the Finnish Government before the ECtHR and Head of the Unit for EU Litigation at the Ministry for Foreign Affairs, tel. +358 295 351 172.
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