The European System of Human Rights Protection

The applicants are nationals of the State Browngrass and members of the organization “Rebels for Peace.” The activity of the organization consists in actions of sabotage against armies involved in armed conflicts around the world. In 2014 the authorities of Browngrass issued an international arrest warrant for all members of Rebels for Peace, who in their home state are considered terrorists and would face corporal punishment involving, among other techniques eletric shock and lashing. In September 2017, the Rebels for Peace organized a mission of sabotage in the territory of Simba Kulala, an african country upset by civil war since 2011. At the time of the action, the area of Simba Kulala where the mission of sabotage took place was occupied by the army of the State of Sunempire, acting in support of the national government against the anti-governmental military factions involved in the civil war. The said area was totally under the effective control of the army of Sunempire. During the mission of sabotage, two members of Rebels for Peace were killed by soldiers of the State of Sunempire; the two persons killed were shot by the soldiers after they had raised their arms in surrender. Other six members of Rebels for Peace were . arrested by the soldiers of the State of Sunempire. On February 20,2018, the State of Sunempire became a party to the European Convention on Human Rights. On August 20, 2018 the government of the State of Sunempire announced its intention to deport the six members of Rebels for Peace arrested during the events of September 2017 in Simba Kulala to their national country, the State of Browngrass. Also, at that moment no investigation had been carried out by the authorities of the State of Sunempire with regard to the circumstances of the killing of the two members of Rebels for Peace also taking place in Simba Kulala in September 2017. In their applications- submitted to the European Convention on Human Rights(ECHR) on November 30, 2018- the applicants claimed that the State of Sunempire was responsible for the violation of the following articles of ECHR: 1) Article 2 (Right to Life), for the killing of the two members of Rebels for Peace by the army of the State of Sunempire during the events of Simba Kulala in September 2017; 2) Article 3(Prohibition of Torture), in the event that the six members of Rebels for Peace arrested during the events of September 2017 in Simba Kulala would by deported to the State of Browngrass. The government of the State of Sunempire replied through submitting the following arguments to the Court: 1) on the admissibility of the application: pursuant to article 35.1 ECHR, the application must be considered inadmissable, because the applicants did not comply with the rule of the prior exhaustion of domestic remedies. In fact, according the the law in force in the State of Sunempire, when a person claims to be a victim of a violation committed by the government, he/she has the possibility to apply for pecuniary compensation before a military court which may be appointed at the discretion of the Chief of Staff of the national army; 2) on the merits of the application: a. the events occured in Simba Kulala in September 2017 took place in the territory of the latter State. Hence, pursuant to Article 1 of ECHR, such events took place within the jurisdiction of the State of Simba Kulala, and not within the State of Sunempire;