ECHR lawyer

When should you apply to the European Court of Human Rights?

The European Court of Human Rights (hereinafter referred to as the ECHR) is an international judicial institution that considers applications for violations of human rights guaranteed by the European Convention. Therefore, it is worth applying to it when a citizen's right guaranteed by the said Convention has been violated by a state party to the Convention (including Ukraine).

The ECHR considers cases concerning violations of a wide range of human rights:

1. to life (torture or ill-treatment);
2. to liberty and personal integrity (unlawful detention, arrest without sufficient grounds);
3. to a fair trial (failure to comply with a reasonable time limit for the consideration of the case, prolonged non-execution of a court decision);
4. to respect for private and family life (wiretapping by investigative and intelligence services, disclosure of personal information);
5. to freedom of expression (persecution for criticizing the authorities, restrictions on freedom of speech in the media);
6. other rights guaranteed by the European Convention.

It is important to note: applying to the ECHR for protection is a last resort when all other options at the national level have been exhausted, i.e. if a person has received a decision of the court of last instance in his case and, in his opinion, it does not restore his violated legitimate interests and guarantees.

Filing an application to the ECHR: key points

Filing an application (complaint) to the European Court is a complex and responsible process that requires careful attention to detail and compliance with established procedures. The key points of this process are that:

• firstly, the complaint must be filed within four months from the date of the final decision at the national level. The countdown of this period begins on the day following the day on which the final decision was made in the client's case;
• secondly, the complaint is filed using a special form that can be downloaded from the official website of the Court. The form contains questions regarding the identity of the applicant, the merits of the case, the justification of the violation, etc.;
• thirdly, copies of all documents confirming the circumstances of the case and the use of national remedies must be attached to the application (namely copies of documents, since originals will not be returned when sent);
• fourth, although the complaint may be filed in Ukrainian, further correspondence and consideration shall be conducted in English or French;
• fifth, mandatory communication via eComms is required. The parties (the applicant and the country against which the complaint is filed) exchange written explanations, evidence and other materials relating to the circumstances of the case itself.

Thus, an appeal to the European Court is a complex legal process, therefore it is recommended to seek the help of a qualified lawyer who has the appropriate experience and qualifications. Below we will consider in more detail how a lawyer from the law firm “Prikhodko & Partners” can help with this issue.

Lawyer support for filing a complaint and considering the case at the ECHR

It is important to note: representation in the ECHR requires the assistance of a lawyer. Since the Rules of Procedure of this Court clearly state: only a lawyer can represent the interests of the applicant, while representation of one’s own interests is allowed only with special permission.

A lawyer in the ECHR is a highly qualified specialist who must meet a number of the following criteria:

• have a high level of proficiency in the official languages ​​of the ECHR (English and/or French), since these are the languages ​​in which legal proceedings and communication with this judicial institution are conducted;
• know the terminology and procedure for conducting legal proceedings in this international judicial institution, as this is necessary for the correct preparation of a complaint, correspondence and effective protection of the client at oral hearings.

A professional lawyer from the company “Prikhodko & Partners” provides comprehensive legal services necessary for the professional preparation of a complaint to the ECHR, representation of the client’s interests during hearings, translation of documents and letters. Clients can also receive quality legal advice and an assessment of the prospects for their case in the specified court (estimating the chances of success, recommendations on a strategy for protecting rights, etc.).

Thus, the European Court of Human Rights considers applications for human rights violations when all domestic remedies have been exhausted. An application (complaint) to the ECHR must be filed within four months of the date of the final decision of the domestic court and must meet the formal requirements. We recommend that you seek legal assistance from a lawyer who has experience with the ECHR to ensure proper representation of your interests.