How To Apply To The Strasbourg Court

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How To Apply To The Strasbourg Court
How To Apply To The Strasbourg Court

Video: How To Apply To The Strasbourg Court

Video: How To Apply To The Strasbourg Court
Video: (ENG) ECHR - COURTalks-disCOURs, Admissibility of an application (English version) 2024, May
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If a person has already gone through all the courts on the territory of Russia, but has not been able to protect his rights, he has a way out - to appeal to the Strasbourg Court of Human Rights. Russia, as a state that has signed the relevant convention, is obliged to comply with the decision of this court. How to write an appeal to Strasbourg?

How to apply to the Strasbourg court
How to apply to the Strasbourg court

Instructions

Step 1

Check if your case is eligible for the European Court of Justice. This court considers only issues related to the violation of human rights in accordance with the European Convention of Rights and Freedoms. Also, the complaint should be directed only to the state, and not to a private organization or individual - this is the responsibility of the Russian courts.

Step 2

If you do not have legal training, hire a lawyer to write the appeal for you. You can do it yourself, but keep in mind that the form of this document is very important - if you fill out the complaint incorrectly, you risk being denied consideration.

Step 3

Before submitting the body copy, you can write a preliminary complaint. It is enough to briefly describe the essence of your claim and indicate your coordinates. Within two months, if your application is within the jurisdiction of the European Court of Justice, you will receive a complaint form and other documents, including the text of the Human Rights Convention.

Step 4

Write the complaint itself. It can be sent immediately, without a preliminary stage. It must be written on a special form, which you can receive from the European Court by mail or download and print from its website. In the complaint, you must indicate your last name, first name and patronymic, date of birth, gender, occupation, address, as well as the state against which you are applying. The main text of the complaint should set out the essence of the case - the very situation in which the state violated your rights, and the history of the court proceedings in your state on this matter (if there was a trial). Also indicate which human rights, in your opinion, have been violated in your situation, as well as the specific articles of the Convention confirming this.

Step 5

Make a complaint in Russian. However, if you would like the request to be processed faster, you can submit it in English or French. But for this you will need to involve a lawyer who speaks one of these languages, as it will be very difficult for a layperson, even one who speaks good English, to write a text that will satisfy the Strasbourg judges.

Step 6

Send your complaint to the Strasbourg Court. The spelling of the address differs depending on the language in which you are filing the complaint. You can clarify it on the website of the European Court of Human Rights.

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