Applicant name X.
Applicant type Natural Person (prisoner)
Country Germany
Decision no. 2724/66
Date 10/02/1967
Institution Commission (Plenary)
Type Decision
Outcome Art. 8 Inadmissible
Reason Abuse of right
Type of privacy Informational Privacy
Keywords Prisoner; right to correspondence; abuse of right
Facts of the case Prisoner complains about a range of different violations of his Convention rights by the prison authorities, among others that he was hindered in his right to correspondence with his lawyer.
Analysis Claim is rejected because of offensive language towards the ECtHR/ECmHR, among others qualifying the judges as Nazi judges. The applicant was asked to withdraw such statements from his application and was informed that if he did not, his claim would be rejected. He refused to do so. His claim was rejected by reason of abuse of right.

The doctrine of abuse of right was put in the Convention because many delegates feared that citizens would abuse their right to petition, either for political purposes, or because they would submit claims that are frivolous or offensive. This fear has not materialised, though some applicants use rather crude language. The question is whether and why an application should be rejected when applicants use such language. A reason for this could be that it reduces the (moral) authority of the Court; on the other hand, one could argue that the ECmHR and ECtHR could simply ignore these accusations and discuss the material substance of the complaint.

Documents Decision