How To Lodge An Application To The European Court of Human Rights (ECHR)

This article provides general guidance. Please note that the process is complex and may require legal expertise. Here’s an overview of the steps:

1. Ensure Your Case Falls Within the ECHR’s Jurisdiction

• The ECHR deals with alleged violations of the rights set out in the European Convention on Human Rights (ECHR).
• Your application must concern a violation by one of the 46 member states of the Council of Europe.
• The alleged violation must have occurred after the state ratified the Convention (or the relevant protocol).

2. Exhaust Domestic Remedies

• Before applying to the ECHR, you must first exhaust all available legal remedies in the country (e.g., appeals, judicial reviews) of alleged violation..
• You must provide evidence that you have pursued these remedies and that they were ineffective in addressing the violation.

3. Submit Your Application Within the Time Limit

• Applications must be submitted within 4 months of the final decision in your domestic case.
• Late applications are generally inadmissible.

4. Complete the Application Form

• Download the official (.pdf) application form from the ECHR website: https://www.echr.coe.int.
• Provide detailed information about:
  • Your personal details.
  • The state(s) involved.
  • The facts of the case.
  • The alleged violations of the Convention.
  • The domestic remedies you have exhausted.
• Include all relevant documents (e.g., court decisions, evidence of the violation).

5. Submit Your Application

• Applications can be submitted:
  • By Post: Send the completed form and supporting documents to:

The Registrar, European Court of Human Rights Council of Europe, 67075 Strasbourg Cedex, France

6. Await Communication from the Court

• The ECHR will acknowledge receipt of your application.
• The Court will assess the admissibility of your case (e.g., whether it meets the criteria under Article 34 and 35 of the Convention).
• If your case is admissible, the Court may invite the parties to negotiate a friendly settlement or proceed to a judgment.

7. Seek Legal Advice

• The process can be complex, and legal representation is highly recommended.
• Many applicants seek assistance from lawyers or organizations specializing in human rights law.

Important Notes:

• The ECHR does not charge fees for lodging an application.
• The Court’s decisions are binding on the member states involved.
• If the Court finds a violation, it may award just satisfaction (compensation) to the applicant.

For more detailed information, visit the ECHR’s official website: https://www.echr.coe.int. If you need further assistance, consulting a human rights lawyer is advisable.