The European Convention promoting respect for human rights and have accepted the jurisdiction of commission to receive complaint from other state parties alleging a violation of the treaty. The number of inter- states complaints have been lodged with the commission.
The right of individual to file complaints with commission against state party charging it with violation of convention is conditional on that state prior recognition of right of private petitions. Article 25 “Private petitions may be filled by “any person, non-governmental organization or group of individual claiming to be the victim of violation… of the rights set forth in convention” alleged to have been committed by state parties which has accepted the jurisdiction of commission to receive such petitions.
The right to file private petitions extends to both natural and legal person whose rights have been violated. The admissibility of private petition is governed by the provisions of 27 article of convention-
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(a) The commission shall not deal with any petitions submitted under Article 25 which-
(i) is anonymous or
(ii) Is substantially the same as matter which has already been examined by the commission or has already been submitted to another procedure of international investigation or settlement and if it contains no relevant new information.
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(b) The commission shall consider inadmissible any petition submitted under Article 25 which it consider incompatible with the provisions of the present convention, manifestly an abuse of right of petitions.
(c) The commission shall reject any petition referred to which it considers inadmissible under Article 26.
Article 27 is determined by the commission is preliminary proceeding which concludes ruling on its admissibility. The private petition to be admissible, they must meet all the requirement spelled out this provision.
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Article 27(1) (a) is obvious that is not true of sub-paragraph (b) which declares that commission may not deals with the petitions that has already been submitted or settlement and if it contains no relevant new information.” Article 27(2) a petition must be considered inadmissible if it is “incompatible with the provision of the… convention, manifestly ill-founded of right of petitions.