Filing a complaint to the ECHR

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Kovalev Artem

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Filing a complaint to the ECHR

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Our law firm offers services for the preparation and submission of a complaint to the ECHR to protect your rights and freedoms. In order for the result to be satisfactory, it is necessary to do everything as competently and carefully as possible, in which our experts will help.

 

What is the ECHR?

The ECtHR, or the European Court of Human Rights, is the key judicial body within the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Founded in 1959 and located in Strasbourg, France, the ECHR fulfills the important mission of ensuring respect for human rights in the European context.

The main task of the European Court of Human Rights is to consider individual and interstate complaints related to possible violations defined by the European Convention. The Convention includes a wide range of rights and freedoms, such as the right to life, freedom of expression, the right to a fair trial, and many others.

The ECtHR gives citizens and legal entities the opportunity to appeal to it with complaints after all domestic legal remedies in the country have been exhausted. This enables European citizens to seek justice and protection of rights that may be violated by national authorities or other public bodies.

Due to its role in ensuring legal justice and protection of human rights in Europe, the ECtHR plays a key role in promoting the development of the legal system and ensuring universal human rights norms in the region.

In what cases can you write a complaint to the ECtHR?

You can file a complaint with the European Court of Human Rights (ECtHR) in cases where you believe that your rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) have been violated and you have exhausted all domestic remedies. Below are some of the typical situations in which a complaint may be filed with the ECtHR:

  • Unfair trial. If you believe that the legal process of the national authorities has violated your right to a fair trial, for example due to lack of transparency, discrimination or violation of procedural guarantees.
  • Violation of the right to life. In cases where your right to life has been violated, for example, due to the actions of public services or law enforcement agencies.
  • Freedom of expression. If you have been restricted in your right to express an opinion or information, for example due to censorship or persecution for political beliefs.
  • Illegal restriction of freedoms. If your personal freedoms and rights have been unlawfully restricted, for example in cases of ill-treatment or inadequate housing conditions.
  • Violation of private and family life. In cases where your right to private or family life has been violated, for example, due to unlawful interference in the personal sphere or family relationships.

These are only general examples and each complaint has its own unique circumstances. It is important that the complaint contains arguments for the violation of specific articles of the European Convention and is filed after all national legal remedies have been exhausted.

 

How to properly write a complaint to the ECtHR?

Writing a complaint to the European Court of Human Rights (ECHR) is an important and responsible step that requires consideration of a number of important aspects. Below are some general tips for making a proper complaint.

  • Specific circumstances. Describe in detail the circumstances of the case and indicate exactly how your rights were violated according to specific articles of the EUCPPL.
  • Documentary evidence. Provide documentary evidence in the complaint, such as affidavits, court decisions, medical records, photographs, that can support your claims.
  • Application of internal solutions. Explain why the decision of domestic authorities (national courts or other institutions) did not provide you with fair protection and a solution to the problem.
  • Be clear and specific. Your complaint must be clearly and specifically formulated. Avoid unnecessary statements, but do not lose important details.
  • The language of the complaint. The complaint must be written in the language of the European Convention, i.e. English or French. If you submit a complaint in another language, a translation is attached.
  • Advanced legal aid. Consider seeking the help of a qualified lawyer with experience in cases before the ECtHR.

Please note that these are general tips and each case may require an individual approach. It is also important to adhere to the deadlines for filing a complaint, as the ECtHR has strict time limits.

Help from our law firm

Our law firm has many years of experience in representing clients before international judicial authorities. We strive to achieve the highest standard of legal expertise and ensure our clients receive justice and protection of their rights.

Do not hesitate to contact us with your questions and concerns. Our lawyers are ready to provide you with quality legal assistance and effectively represent your interests before the European Court of Human Rights. Together, we will be able to achieve a fair solution to your case.
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