17th Feb 2014
Dear M Lafferty,
Having read the 1 and 2 application rules, I copy them below
for reference; I believe I have complied with those instructions, in
particular, 1. d-f.
Rules of Court
Rule 47
1–Contents of an individual application
1.An application under Article 34 of the Convention shall be
made on the application form provided by the Registry, unless the Court decides
otherwise. It shall contain all of the information requested in the relevant
parts of the application form and set out
(a) the name, date of birth, nationality and address of the
applicant and, where the applicant is a legal person, the full name, date of
incorporation or registration, the official registration number (if any) and
the official address;
(b) the name, occupation, address, telephone and fax numbers
and e
- mail address of the representative, if any;
(c) the name of the Contracting Party or Parties against
which the application is made;
(d) a concise and legible statement of the facts;
(e) a concise and legible statement of the alleged
violation(s) of the Convention and the relevant arguments; and
(f) a concise and legible statement confirming the
applicant’s compliance with the admissibility criteria laid down in Article 35
§ 1 of the Convention.
2.
(a) All of the information referred to in paragraph 1 (d) to
(f) above that is set out in the relevant part of the application form should
be sufficient to enable the Court to determine the nature and scope of the
application without recourse to any other document.
(b) The applicant may however supplement the information by
appending to the application form further details on the facts, alleged
violations of the Convention and the relevant arguments. Such information shall
not exceed 20 pages.
If however you are indicating 2 b, I do believe that it is
optional to put relevant argument but I would like to draw the courts attention
to the fact that in my Supreme Court application, I have counter-argued each
point of the final Judgment, therefore I feel since all the documents are in
the application, I have no need for unnecessary duplication. Please see the
Supreme Court 1st application it is the first document in the
application and points to relevant argument as to how my judgment
misrepresented my legal argument in full.
Namely I pleaded that my lease contract made me insured to
which I paid a contribution towards and my landlord did not exercise my rights
conferred under the said contract/lease. This in ‘contract’ made me uninsured
and breached the contract in law. I pointed this out to the Court of Appeal. I
believe it is an issue of National importance because if a landlord does not
make claims then is backed up by the joint insurance in court to save a claim
then common sense says that no small business is insured at all, so what are we
paying for?
I further argued that clause 5(22) in my leases where I
cannot breach the terms of the insurance myself should at the very least,
backed by the relevant and current laws to which I went on to argue in the
Court of Appeal, be an implied obligation for the landlord, notwithstanding
that the contract was simply breached by the landlord making me in law
un-insured hence breach of lease.
I at no point in the case asked for a ‘repairing obligation’
to be implied. I had to learn a lot of laws for the Court of Appeal and I am
not so stupid as to argue for an implied repairing obligation, when I have no
repairing obligations as I am insured too, with the same insurer. To what law
is it said I asked to be implied?
The judgment stated as fact that this is what I asked for. I
did not. This is a lie. The
Judgment goes to great lengths to justify an imaginary case I did not plead.
The transcript will prove it.
I have been misrepresented in full by the Court of Appeal
and duly ignored by the Supreme Court (until this month 8 months too late, when
I put it publically on the internet that I was in Europe) and this is not the
first time that I have been treated unfairly in this trial that has lasted for
6 years, as stated in the, statement of facts no 14. The whole case has been
unfair from the start to finish as stated.
Therefore to have access to Justice and the courts with
speed, which is what is enshrined in the convention article 6, has been
wholeheartedly breached and therefore my basic human rights have been violated
let alone suffering loss of my life, health (chronic urticaria and depression),
possessions and finances and being forced to learn the law and represent myself
too or lose everything I have worked for in my life. I am not degree educated
as I was taken into care at 13yrs.
I have survived an attempt, to ruin me for life, not only
taking my premises by trespass with rent paid breaching article 1, but by
judicial corruption in my case proved by me with documents catching the
judiciary in this country red handed.
Further for this application I have sent the Feb ‘reply’
from the Supreme Court.
It would seem your request and my sending of the ‘reply’,
crossed in the post.
Article 1 & 6 in my application is referenced here below
but please note that I am not legally trained in any way and I cannot get a
British Lawyer to represent me in this case because of the potential
consequences for their own career and thus potential compromise of my case by
them because of this.
I would like some answers about at what stage I can get
legal aid but I wonder if I can appoint a lawyer in Europe who may not feel as
much compromised?
I have put in article 13 here too but that is what I am
doing now seeking effective remedy. Thus I do believe I only need quote Article
1 Protection of Property and Article 6 Right to a fair trial.
ARTICLE
1
Obligation
to respect human rights
The High
Contracting Parties shall secure to everyone within their
jurisdiction
the rights and freedoms defined in Section I of this
Convention.
– Protocol 1
Protocol
to the Convention for the Protection of Human Rights and Fundamental Freedoms
Paris,
20.III.1952
THE
GOVERNMENTS SIGNATORY HERETO, being members of
the
Council of Europe,
Being
resolved to take steps to ensure the collective enforcement
of
certain rights and freedoms other than those already included
in
Section I of the Convention for the Protection of Human Rights
and
Fundamental Freedoms signed at Rome on 4 November
1950
(hereinafter
referred to as “the Convention”),
Have
agreed as follows:
ARTICLE
1
Protection
of property
Every
natural or legal person is entitled to the peaceful enjoyment
of his
possessions. No one shall be deprived of his possessions
except
in the public interest and subject to the conditions provided
for by
law and by the general principles of international law.
The
preceding provisions shall not, however, in any way impair
the
right of a State to enforce such laws as it deems necessary
to
control the use of property in accordance with the general
interest
or to secure the payment of taxes or other contributions
or
penalties.
ARTICLE
6
Right to
a fair trial
1.
In the
determination of his civil rights and obligations or of
any
criminal charge against him, everyone is entitled to a fair
and
public hearing within a reasonable time by an independent
and
impartial tribunal established by law.
ARTICLE
6
Right to
a fair trial
1.
In the
determination of his civil rights and obligations or of
any
criminal charge against him, everyone is entitled to a fair
and
public hearing within a reasonable time by an independent
and
impartial tribunal established by law. Judgment shall be
pronounced
publicly but the press and public may be excluded
from all
or part of the trial in the interests of morals, public order
or
national security in a democratic society, where the interests
of
juveniles or the protection of the private life of the parties so
require,
or to the extent strictly necessary in the opinion of the
court in
special circumstances where publicity would prejudice the
interests
of justice.
2.
Everyone
charged with a criminal offence shall be presumed
innocent
until proved guilty according to law.
3.
Everyone
charged with a criminal offence has the following
minimum
rights:
(a)
to be
informed promptly, in a language which he
understands
and in detail, of the nature and cause of the
accusation
against him;
(b)
to have
adequate time and facilities for the preparation of
his
defence;
(c)
to
defend himself in person or through legal assistance of
his own
choosing or, if he has not sufficient means to pay
for
legal assistance, to be given it free when the interests
of
justice so require;
(d)
to
examine or have examined witnesses against him and
to
obtain the attendance and examination of witnesses on
his
behalf under the same conditions as witnesses against
him;
(e)
to have
the free assistance of an interpreter if he cannot
understand
or speak the language used in court.
[ARTICLE
13
Right to
an effective remedy
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.]
In your first letter you asked for me to re-sign the
application. In your second letter you asked for me to send the Supreme Court
reply. To both I have done. I hope this means that the 4th April can
be ignored as I have a lease that runs out by then and any action before that
can save my life as I know it, as I have replied. If there is anything further
you need in the application now, or once it ‘s reviewed by chamber, I can
provide it. I can also provide argument if you choose to ask for some from the
UK at that stage.
I do believe their can be remedy and am willing to be given
an offer by the UK but not one that in no way reflects my losses of hundreds of
thousands of pounds. I see no point in compromise when all I want is accurate
justice and a fair trial.
I have conducted myself professionally throughout and to the
best of my ability despite the emotional and financial hardship to stay on
legal aid to pay court costs and do the case myself I have thus far survived
and by the mercy of God.
Everyday I risk falling, everyday I suffer, I am on a
balancing act mentally and financially holding back a wave that could kill me
for good, losing more than I have already lost when they hit me with half a
million in costs.
What did I do to deserve such illegality by so many
interested in protecting themselves? This case is completely extraordinary.
You must understand that I simply was trying to run two
businesses and had serious repairs that needed doing on my insurance that the
powerful landlord avoided. I did not set out to do battle with my landlord, nor
their insured, nor the courts but in doing so I have hi-lighted some very
important law internationally and that has serious consequences for insurers on
repairing obligations.
Therefore they fight me all together with fierce means. I
also believe they are active in destroying my reputation and also are working
behind the scenes to stop me claiming any current losses by contacting agents
that give me bookings and making legal requests to stop that, as it would show current
losses to date.
This case is very active in it’s continued persecution of me
and another on a daily basis for which we just need to see it ended with fair
justice and of all those I normally represent in my work of setting up a youth
economy to fight for children’s rights in this country. While I am out of
action things are going wrong and I who they trust cannot help them at all as I
have been robbed of my means.
Can you can add this to 1. E of the application as an
additional 4 pages in accordance to 2B.
Article 35. 3. B shows that this application fulfils the
criteria of significant disadvantage.
Kind Regards
Ms Mary Josofar Valdivieso Fortuno Flores.
