To apply to the European Court, you first need to go through the entire chain of courts in Russia. Only after that you have the right to file a complaint with the European Court against the Russian state, which has not protected your rights in national courts.
Necessary
- - a complaint indicating violations of your rights under the European Convention;
- - copies of decisions of Russian courts of various instances;
- - a declaration of income confirming that you are not able to independently pay the legal costs and legal assistance provided.
Instructions
Step 1
The European Court considers only those violations that are provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms, that is, each violation of your rights must be confirmed by a reference to the relevant paragraph of the Convention.
Step 2
Submit your complaint to the European Court only after you have passed all the internal courts: appeal, Supreme, etc. Make sure not to miss the deadline for filing an application - 6 months from the date of the decision of the last Russian court in your case.
Step 3
Remember also that the European Court considers only those violations that were committed after May 5, 1998, that is, after the entry into force of the European Convention in the Russian Federation.
Step 4
Prepare yourself in advance for the fact that due to the huge number of complaints, the consideration of your case may drag on for many years. Write the complaint itself to the Secretariat of the European Court in a free form, in it indicate the reasons for your appeal, information about violated rights and tried remedies.
Step 5
Attach a list of decisions in the case with their dates and copies of court verdicts to the letter. It is recommended to write the text of the complaint in French or English, although you can write in Russian. Please include the following address in your complaint: The Registrar European Court of Human Rights Council of Europe F-67075 STRASBOURG CEDEXFRANCE - FRANCE
Step 6
After a while, you will receive a notification about the registration of your complaint and an explanatory note with a form. Please complete it no later than 6 weeks after service and send it back to start legal proceedings.
Step 7
Fortunately, if the applicant does not have the necessary funds to pay for legal aid, the European Court can exempt him from payment and compensate his living expenses, travel expenses, etc. To do this, write a relevant application to the Secretariat of the European Court and attach an income declaration to it certified by the Russian tax office.
