This comprises (a) the right to an appeal to competent national organs
against any act violating his fundamental rights recognized and
guaranteed to him by conventions, laws, regulations and customs in force
49. The Court observes that this clause enshrines the right to an effective remedy,
which guarantees everyone the right to bring, before the national courts, an
arguable grievance, that is, any alleged violation of a substantive or procedural
right6 that is internationally protected.7
50. The Court recalls that in order to establish the violation of their right to an
effective remedy, the Applicants rely on the various domestic procedures
without specifying the precise nature of the violations. In effect, their claims are
vague and general. At most, they described the various proceedings they
initiated before the domestic courts.
51. In the circumstances, the Court finds that the Applicants fail to establish the
existence of any impediment, either factual or legal, which prevented them
from bringing the complaints they raise before domestic courts. The Court
emphasises that nothing in the record reveals the existence of such an
impediment, which, moreover, is corroborated by the fact that the Applicants
did indeed bring their case before competent domestic courts.
52. In any case, the mere fact that they did not win their case does not suffice to
establish the alleged violation.
53. In light of the foregoing, the Court holds that the Respondent State did not
violate the Applicants’ right to an effective remedy, protected by Article 7(1)(a)
of the Charter.
6
See, ECHR, Kudla v. Poland, Judgment of 26 October 2000, §§ 151-156.
See, ECHR, Powell and Rayner c. United Kingdom, Judgment of 21 February 1990, §§ 31-33; ECHR,
Kazantzis v. Cyprus, inadmissibility decision of 7 August 2003, Communication No.972/2001, §6.6 ECHR,
Faure v. Australia, findings of 31 October 2005, Communication No.1036/2001.
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