18
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
X. v. Slovenia (dec.), no. 4473/14, § 40, 12 May 2015). It is insufficient for
an applicant to allege relevant new information where he or she has merely
sought to support his or her past complaints with new legal argument (see,
for example, I.J.L. v. the United Kingdom (dec.), no. 39029/97, 6 July 1999
and Kafkaris (dec.), cited above, § 68). In order for the Court to consider an
application which relates to the same facts as a previous application, the
applicant must genuinely advance a new complaint or submit new
information which has not previously been considered by the Court, within
the six-month time-limit set out in Article 35 § 1 of the Convention (see
Lowe (dec.) and Kafkaris (dec.), § 68, both cited above).
58. In view of the above considerations concerning the applicants’
failure to comply with the six-month rule, the Court will consider the
objection of admissibility under Article 35 § 2 (b) of the Convention only
with regard to the supplementary investigation. In this respect, it is
sufficient to say that the supplementary investigation took place between
2012 and 2014, that is long after application no. 13207/07 had been lodged
with the Court, and, therefore, that part of the application does not refer to
the same facts as the previous one.
59. It follows that the Government’s objection should be dismissed in so
far as the supplementary investigation is concerned.
(c) Non-exhaustion of domestic remedies
60. The Court reiterates that the rule of exhaustion of domestic remedies
referred to in Article 35 § 1 of the Convention obliges applicants first to use
the remedies that are normally available and sufficient in the domestic legal
system to enable them to obtain redress for the breaches alleged. The
existence of the remedies must be sufficiently certain, in practice as well as
in theory, failing which they will lack the requisite accessibility and
effectiveness. Article 35 § 1 also requires that the complaints which it is
intended subsequently to bring before the Court should have been made to
the appropriate domestic body, at least in substance, and in compliance with
the formal requirements laid down in domestic law, but that no recourse
should have been had to remedies which are inadequate or ineffective (see
Aksoy v. Turkey, 18 December 1996, §§ 51-52, Reports of Judgments and
Decisions 1996-VI, and Akdivar and Others v. Turkey, 16 September 1996,
§§ 65-67, Reports 1996-IV).
61. The Court emphasises that the rule of exhaustion of domestic
remedies must be applied with some degree of flexibility and without
excessive formalism (see Mocanu and Others v. Romania [GC],
nos. 10865/09 and 2 others, § 224, ECHR 2014 (extracts)). It has recognised
that the rule of exhaustion is neither absolute nor capable of being applied
automatically; for the purposes of reviewing whether it has been observed, it
is essential to take into account the circumstances of the individual case.
This means, in particular, that the Court must take realistic account not only