Every natural or legal person has the right to apply to the European Court of Human Rights if he or she considers that he or she is personally a victim of a violation by one of the States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms - their rights or fundamental freedoms protected by the Convention and the Protocols to her.

In doing so, the ECtHR can only consider allegations of a violation of the rights guaranteed by the Convention and its Protocols, one or more.

In accordance with Article 32 of the Convention, the jurisdiction of the European Court of Justice extends to all questions concerning the interpretation and application of the Convention and its Protocols, which are referred to it in accordance with Articles 33, 34 and 47 of the Convention. Accordingly, the Court does not perform the functions of a national court and has no power to overturn or alter national court decisions. Nor can the court directly interfere with the activities of the authority whose act or omission caused the violation.

Please note that you can only bring an action before the Court of Justice for any subject which is within the sphere of responsibility of the authority (for example: parliament, court, prosecutor's office, etc.) of one of these states. The Court does not consider applications against individuals or non-governmental institutions.

Under what conditions can I apply to the ECtHR?

Pursuant to Article 35 § 1 of the Convention, the Court will only accept applications for review after all domestic remedies have been used and for a period of six months from the date of the final decision. The Court does not consider a statement that does not meet these admissibility requirements.

It is therefore of utmost importance that, before going to court, you use all remedies in the State against which the application is directed, which could lead to the elimination of the infringed offense; otherwise, you must prove that such remedies are ineffective. This means that you should first approach the national courts, which have jurisdiction in the case, including the relevant higher court, for the protection of your rights, which you intend to complain to the Court. In addition, using appropriate remedies, it is necessary to comply with national procedural rules, in particular the time limits prescribed by law.

If your application concerns a decision of a national court, such as a sentence, then after you have followed the normal procedure of appeal, there is no need to re-try that decision. It is not necessary to use extrajudicial remedies or to file complaints or statements, for example, with Parliament, the Head of State or Government, the Minister or the Commissioner for Human Rights, since these remedies are not considered to be used before going to court.

You may apply to the Court within six months of the final decision being taken by a court or authority competent to determine the issue that is the subject of your application to the Court. The six-month period is deducted from the time your acquaintance or acquaintance with your final judgment, as a result of the ordinary appeal procedure at the national level, or if you believe that an effective remedy for such infringement is absent at the national level, from the moment of the alleged violation. The six-month period shall be terminated when the Court receives the first letter from you, clearly stating, at least in brief, the subject of the application you intend to submit or the completed application form. A simple request for information is not enough to stop the six-month deadline.

How do I apply to the Court?

The official languages ​​of the Court are English and French, but you may wish to request the Registry of the Court in the official language of one of the States which has ratified the Convention. At the initial stage of the proceedings, the Court may also correspond with you in this language. However, if the Court does not declare the application inadmissible on the basis of the documents submitted and decides to invite the Government to express its position on the applicant's complaints, the Court will correspond in English or French, and you or your representative will, as a general rule, have to send further observations in English or French. language.

The court accepts only those statements that are sent by post. And even if you are submitting your application by email or fax, you should definitely duplicate it by regular mail. However, there is no need to be present in person in the Court for an oral presentation of the circumstances of the case.

Letters and documents sent to the Court should not be stitched, glued or otherwise stitched. All pages should be sequentially numbered.

What to write in the statement?

Pursuant to Rule 47 of the Rules of Court, the application must:

a) provide a concise statement of the facts about which you complain and the nature of your complaints;

b) indicate the rights guaranteed by the Convention or the Protocols thereto which you believe have been violated;

c) name the national remedies you have used;

d) provide a list of the decisions of the courts (or other public authorities) in the case, indicating the date of each decision and the body which rendered it, as well as a summary of the contents of this decision. Copies of the decisions themselves must be attached to the letter (the Court does not return the documents sent to it, so only copies, not originals, should be sent).

Rule 45 of the Rules of Court requires that the application be signed by you as the applicant or your representative. However, if you do not wish to disclose your identity, you must state this in a statement to the Court and give reasons for justifying such a departure from the general rule of publicity in the proceedings before the Court. In exceptional and justified cases, the President of the Chamber may grant anonymity permission.

What happens after the application is submitted?

Upon receipt of the first letter or application form from you, the Registry of the Court of Justice sends a reply stating that a case has been opened in your name, the number of which is to be noted in all subsequent letters to the Court. They may further contact you for further information, documents or clarifications related to the application.

The Registry of the Court does not provide information on the law of the State addressed, nor does it provide legal advice on the application or interpretation of national law.

You must respond promptly and honestly to the letters of the Registry. Any delay in answering may be considered to be that you are not interested in continuing the proceedings before the Court and the examination of the application will accordingly be terminated.

Confidentiality of information sent to the Court

Pursuant to Rule 33 of the Rules of Court, all documents submitted to the Registry of the Court of Justice in connection with the application, with the exception of those submitted to the amicable settlement negotiations as provided for in Rule 62, must be made available to the public, if for the reasons set out in paragraph 2 of this rule, the President of the Chamber shall not decide otherwise - either on his own initiative or at the request of a party or other interested person.

Thus, as a general rule, access to all information contained in the documents provided by the applicant to the Court Registry, including information on the persons referred to in the documents, is open. In addition, if the Court sets out such information in a decision on admissibility or on the merits of the case, or in the decision to remove the case from the Court's case file, it may be placed on the Court's information database on the Court's official website.

Do I need a representative or a lawyer?

You are not required to have a representative at the initial stage of the application, and you do not have to be a lawyer if you have one. However, if the Court decides to invite the Government to express its position in the case, you should, as a general rule, have a representative (except in special cases) who is a practicing lawyer in one of the States which has ratified the Convention. The representative must be fluent in one of the official languages ​​of the Court (English or French).

"Ty i Pravo" Lenivskyi Group" employs lawyers and attorneys with extensive experience in protecting clients interests in international and arbitration courts. Therefore, if you have the need in a qualified assistance to prepare your application and other documents to the ECtHR, our specialists will be glad to assist you.