Information Note on the Court’s case-law 62

March 2004

Jian v. Romania (dec.) - 46640/99

Decision 30.3.2004 [Section II]

Article 35

Article 35-3-a

Abuse of the right of application

Submission to the Court of deliberately falsified documents: inadmissible

The applicant is serving a life sentence. He complained to the Court about his detention conditions, putting forward numerous complaints under Articles 3, 5, 6 § 1, 8, 9 and 34.

Inadmissible : The Government accused the applicant of abusing the right of application for having attempted to mislead the Court by sending it two falsified documents.  The Court noted that the applicant had, firstly, obscured part of a do cument in order to conceal the fact that he had decided not to lodge a criminal complaint and had foregone an expert medical report and, secondly, submitted a forged medical certificate in support of his allegations of ill-treatment. The Court stressed tha t the applicant had thus deliberately sought to mislead it by presenting a distorted view of the most serious part of his application. This was a flagrant and aggravated abuse of the right of application.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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