CH/02/12470
into deprivation of liberty if it is not paid (Ravnsborg v. Sweden, judgement of 23 March 1994, A283B). The applicant before the Chamber has neither been deprived of his liberty as a consequence of
the “offence”, nor fined, nor has any entry been made into his criminal records.
106. The Chamber finally recalls, with regard to its own case law, that in Lugonji} v. Bosnia and
Herzegovina (case no. CH/02/10476, Lugonji}, decision on admissibility and merits of 1 April
2003), the applicant complained of violations of human rights stemming from the termination of his
employment as a police officer based on a decision by the International Police Task Force
Commissioner. The Chamber decided that, although the notion of “criminal charge” may include
disciplinary proceedings, “the consequences attached to the applicant’s de-certification and removal
do not establish the existence of a “criminal charge” that invokes protection under Article 6.”
107. Having regard to all the above, the Chamber finds that the proceedings against the applicant
did not concern the “determination of a criminal charge” for the purposes of Article 6 of the
Convention. The Chamber therefore declares the application inadmissible ratione materiae in relation
to the complaints under Article 6 of the Convention.
2.
Article 13 of the Convention
108. The applicant complains of the fact that he did not have any effective remedy against his
discharge and retirement by the Federation Ministry of Defence.
109.
Article 13 of the Convention provides:
“Everyone whose rights and freedoms as set forth in this Convention are violated shall have
an effective remedy before a national authority notwithstanding that the violation has been
committed by persons acting in an official capacity.”
110. The Chamber notes that Article 13 of the Convention is not a free-standing right; it requires
the availability of an effective remedy exclusively in cases in which the alleged violation concerns one
of the substantive rights and freedoms of the Convention, and it cannot be applied independently.
Article 13 of the Convention requires the applicant to present an “arguable claim to be the victim of a
violation of the rights set forth in the Convention” (Eur. Court HR, Silver & Others v. United Kingdom,
judgement of 25 March 1983, Series A no. 61, paragraph 113).
111. Thus, with regard to the applicant’s complaints under Article 13 of the Convention in relation
to his dismissal and retirement from the Federation of BiH Army, the Chamber declares the
application inadmissible as manifestly ill-founded because the applicant has failed to show that he
had an arguable claim of a violation of the rights and freedoms protected by the Convention.
3.
Complaint in relation to the right to run for elections and of discrimination in this respect
(a)
Article 25(b) of the International Covenant on Civil and Political Rights
112. The applicant alleges a violation of his right to vote and his right to run for elections. He also
alleges that he was discriminated against in the enjoyment of these rights on unspecified grounds.
He brings these complaints under Article 25(b) of the ICCPR.
113. The Chamber notes, however, that the applicant has failed to explain on what ground he
considers himself to be a victim of discrimination and to substantiate this allegation. Under Article
II(2)(b) of the Agreement, the Chamber only has jurisdiction to consider the rights protected by the
ICCPR in connection with alleged or apparent discrimination in the enjoyment of such rights. The
applicant’s case does not disclose any appearance of discrimination. It follows that the allegation of
discrimination in respect of the right to run for elections under Article 25(b) of the ICCPR is manifestly
ill-founded, within the meaning of Article VIII(2)(c) of the Agreement, as the applicant did not
substantiate the complaint. Moreover, under Article II(2)(b) of the Agreement, the Chamber cannot
consider allegations of a violation of rights protected by the ICCPR in isolation, but only in conjunction
with discrimination in the enjoyment of those rights. Therefore, insofar as the applicant is alleging a
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