Features of appealing to the European Court of Human Rights
Every individual or legal entity, whose rights or freedoms are violated by the government, has the right to apply for protection of the rights and freedoms to the European Court of Human Rights.
It should be mentioned that appealing to the European Court of Human Rights is possible and preferred only under the following conditions:
if one brings an action against the state (her body/authority), which is a party to the Convention for the Protection of Human Rights and Fundamental Freedoms;
if a state authority is responsible for the object of the claim (appeal);
if one has used all domestic remedies (including judicial ones);
within six months after the final decision delivered by the state authority, which is considered to be a domestic remedy for the individual (for example, the court of the last resort).
In the event of non-compliance with the conditions aforementioned, the European Court of Human Rights shall no consider the appeal.
Moreover, there are no regulations that set requirements for the plaintiff to be represented by a specialized lawyer in the European Court of Human Rights, and one does not need to have a representative when applying to court. However, if the European Court of Human Rights decides to invite the state government to argue the case, the plaintiff is to have a representative lawyer (preferably a lawyer who specializes in case consideration in the European Court of Human Rights).
The official languages of the court are English and French, but the applicant may appeal (claim) to the European Court of Human Rights using any language of the country that has ratified the Convention for the Protection of Human Rights and Fundamental Freedoms. At the initial stage of proceedings, the court shall correspond with the plaintiff in the language of plaintiff’s appeal. However, if the European Court of Human Rights decides to invite the state government to argue the case, corresponding with the court will be maintained only in English or French.
The European Court of Human Rights accepts appeals (claims) sent only by post, and if the applicant sent the appeal to the court in electronic form or by fax, the appeal or the complaint should be sent to the court once more by post.
Lawyers of the COLARES Law Company will always provide you with legal advice on the features of appealing to the European Court of Human Rights, as well as help in preparing the necessary documents for applying to the court.