European Court of Human Rights - Rules of Court (2002)

[Excerpt]

European Court of Human Rights

RULES OF COURT

(October 2002)

REGISTRY OF THE COURT

STRASBOURG

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Chapter X

Legal Aid

Rule 91

1. The President of the Chamber may, either at the request of an applicant having lodged an application under Article 34 of the Convention or of his or her own motion, grant free legal aid to the applicant in connection with the presentation of the case from the moment when observations in writing on the admissibility of that application are received from the respondent Contracting Party in accordance with Rule 54 § 2 (b), or where the time-limit for their submission has expired.

2. Subject to Rule 96, where the applicant has been granted legal aid in connection with the presentation of his or her case before the Chamber, that grant shall continue in force for the purposes of his or her representation before the Grand Chamber.

Rule 92

Legal aid shall be granted only where the President of the Chamber is satisfied

(a) that it is necessary for the proper conduct of the case before the Chamber;

(b) that the applicant has insufficient means to meet all or part of the costs entailed.

Rule 93

1. In order to determine whether or not applicants have sufficient means to meet all or part of the costs entailed, they shall be required to complete a form of declaration stating their income, capital assets and any financial commitments in respect of dependants, or any other financial obligations. The declaration shall be certified by the appropriate domestic authority or authorities.

2. The Contracting Party concerned shall be requested to submit its comments in writing.

3. After receiving the information mentioned in paragraphs 1 and 2 of this Rule, the President of the Chamber shall decide whether or not to grant legal aid. The Registrar shall inform the parties accordingly.

Rule 94

1. Fees shall be payable to the advocates or other persons appointed in accordance with Rule 36 § 4. Fees may, where appropriate, be paid to more than one such representative.

2. Legal aid may be granted to cover not only representatives’ fees but also travelling and subsistence expenses and other necessary expenses incurred by the applicant or appointed representative.

Rule 95

On a decision to grant legal aid, the Registrar shall fix

(a) the rate of fees to be paid in accordance with the legal-aid scales in force;

(b) the level of expenses to be paid.

Rule 96

The President of the Chamber may, if satisfied that the conditions stated in Rule 92 are no longer fulfilled, revoke or vary a grant of legal aid at any time.

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