Фото: What is submitted to the European Court of Human Rights

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What is submitted to the European Court of Human Rights

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The European Court of Human Rights (ECHR) is a key international institution established to protect the rights and freedoms of individuals guaranteed by the European Convention on Human Rights. When national courts have been exhausted and justice has not been achieved, citizens have the right to apply to the ECHR. But what exactly needs to be submitted to this court for your case to be accepted and reviewed? This article details all the necessary documents, requirements, and recommendations for a successful application to the ECHR.

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Main Documents for Filing a Complaint with the ECHR

Applying to the ECHR is a serious legal process that requires careful preparation and adherence to established procedures. Below is a detailed list of documents and materials that need to be prepared for filing a complaint.

  1. Completed official complaint form

The official complaint form is a mandatory document for applying to the ECHR. It is available for download on the court's official website. This form is structured so that the court can quickly and effectively familiarize itself with your case.

Tips for filling out the form:

  • Personal information: Provide your full name, date of birth, nationality, address of residence, and contact details.
  • Subject of the complaint: Clearly and concisely describe the essence of the violation of your rights.
  • Violated articles of the Convention: Indicate the specific articles of the European Convention on Human Rights that you believe have been violated.
  • Facts of the case: Describe the circumstances in detail, including dates, places, and key events.
  • Exhaustion of national remedies: List all judicial and administrative bodies you have approached within your country.
  • Signature: The complaint must be personally signed by the applicant or their legal representative.
  1. Copies of national court decisions

You need to attach copies of all national court decisions related to your case. This confirms that you have exhausted all available national legal remedies.

  • First instance courts: Decisions of local or district courts.
  • Appeal courts: Decisions obtained after appealing initial rulings.
  • Supreme courts or Cassation courts: The final instances in the national judicial system.
  1. Additional documents and evidence

To support your complaint, it is important to provide additional evidence that confirms the facts and circumstances outlined in the complaint.

  • Medical certificates: If you have suffered physical or psychological harm.
  • Witness statements: Written statements from individuals who can confirm your claims.
  • Official documents: Certificates, reports, acts related to the case.
  • Audio and video materials: If they are relevant to the case.
  1. Explanatory note

An explanatory note is an additional document that outlines the legal argument in more detail, references to precedents, and an analysis of violations from the perspective of international law.

  1. Powers of the representative (if applicable)

If you are engaging a lawyer or another representative, it is necessary to provide a power of attorney or another document confirming their authority to act on your behalf.

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Table: Main Documents for Filing a Complaint with the ECHR

DocumentDescription
Completed official complaint formA mandatory document structured according to the ECHR requirements.
Copies of national court decisionsDecisions from all court instances, including appeal and cassation courts.
Additional documents and evidenceMedical certificates, witness statements, official documents, audio, and video materials.
Explanatory noteDetailed legal argumentation and analysis of violations.
Powers of the representativePower of attorney or other document confirming the authority of the lawyer or representative.

Main Requirements and Recommendations

  • Exhaustion of national remedies: Ensure that you have exhausted all available legal remedies in your country before filing a complaint with the ECHR.
  • Compliance with deadlines: It is important to submit your complaint within the established deadlines, which is 6 months from the final decision of the national court.
  • Clarity and conciseness: Formulations in the complaint should be clear and structured, without unnecessary information.
  • Document translation: All documents submitted to the court must be translated into one of the official languages of the ECHR (English or French).
  • Support from a lawyer: It is recommended to engage an experienced lawyer who can help prepare all necessary documents and correctly format the complaint.

Conclusion

Applying to the ECHR is a complex process that requires careful attention and strict adherence to all requirements. Preparing all necessary documents and meeting deadlines play a key role in the successful consideration of your complaint. Don't hesitate to seek help from a lawyer who specializes in this area to increase your chances of success.

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Head of Commercial and Civil Law Practice

Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

Contact now

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