How to submit a complaint to the European Court of Human Rights (ECHR)?

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Kovalev Artem

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How to submit a complaint to the European Court of Human Rights (ECHR)?

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The European Court of Human Rights plays an important role in ensuring the rights and freedoms of citizens in countries that are members of the Council of Europe. This court allows citizens to file complaints about violations of their rights and receive a fair hearing.

Requirements for submitting a complaint to the ECHR

Before filing a complaint with this authority, it is important to consider some requirements:

  • Exhaustion of all domestic remedies. Before applying to the ECtHR, you should exhaust all domestic legal remedies in your country, including appeals and cassational court procedures.
  • Compliance with deadlines. There are deadlines during which such complaints can be filed. This is usually six months from the final decision of the national court.
  • Interest. A complaint can be filed by any person who believes that their rights have been violated, but it is important to have the status of a "victim" of the violation.

 

Preparation of a complaint to the ECHR

Preparing a complaint requires several steps:

  • Collection of evidence. Collect all the evidence that confirms the violation of your rights, such as court decisions, documents, testimony and expert opinions.
  • Making a complaint. File a complaint in accordance with the rules. Specify in detail how exactly your rights were violated.
  • Other documents. Copies of all national court decisions and correspondence with national authorities should be attached to the complaint.
  • Certification of documents. To confirm the originality of the documents you present, it is important to have them certified by a notary or another competent official. This will help to avoid doubts about the reliability of the information.
  • Preparation of arguments and legal bases. After gathering evidence, develop clear and well-founded arguments that explain why exactly your rights were violated. It is also important to point out the specific articles of the Convention on the Protection of Human Rights and Fundamental Freedoms that have been violated.

Preparing a complaint can be a difficult task, and you may wish to consult legal experts or lawyers with experience in dealing with the ECHR. They will help you determine the strengths and weaknesses of the case and formulate the complaint correctly.

Filing a complaint to the ECHR

A complaint can be submitted electronically or in writing. It is important to follow all terms and rules:

  • Language selection. The complaint can be submitted in English, French and other languages, but a translation into one of the official languages of the Council of Europe should also be submitted.
  • Payment. Filing a complaint may incur a fee, so please check current rates and pay the appropriate fee.
  • Obtaining a case number. After filing a complaint, you will receive a case number, which should be used in further communication with the court.

 

Consideration of the case at the ECtHR

After filing a complaint, the case goes through several stages:

  • Validity check. The court checks whether all the requirements for the admissibility of the complaint are met.
  • Consideration of the case for a hearing. If the complaint is accepted for consideration, the ECtHR examines it and makes a decision on the violation of human rights.
  • Judgment and execution. If the court recognizes a violation of human rights, a sentence is issued, and the national authorities are obliged to take measures to implement it.

Advantages of cooperation with a law firm

Contacting a law firm to file a complaint with the ECtHR can have several advantages:

  • Experience and knowledge. A professional lawyer has experience in preparing complaints and working with such an authority.
  • Support and consultations. The law firm will provide you with support and advice throughout the process.
  • Minimization of risks. Lawyers will help you avoid mistakes and maximize your chances of success.

Applying to the European Court of Human Rights is an important way to protect your rights and freedoms. Follow all requirements and recommendations, and if necessary, contact the law firm "Prykhodko and Partners" for qualified assistance. This can be a key step in protecting your legal status and restoring justice.
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Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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