Lawyer before the ECHR: Assistance with Filing an Application with the European Court

The European Court of Human Rights (ECHR) is an international judicial body composed of judges from countries that are members of the Council of Europe and have ratified the Convention for the Protection of Human Rights and Fundamental Freedoms. Each state is represented at the ECHR by one judge — 47 judges in total. They are independent and do not act as representatives of their countries. Judges are assisted by lawyers from various countries who work in the Registry of the ECHR.

The ECHR Convention (European Convention on Human Rights) is a treaty concluded by the states belonging to the Council of Europe. It defines the rights and freedoms of citizens of the member states of this international organization. The list includes the right to life, the right to a fair trial, freedom of thought and religion, and other rights. The Convention also prohibits certain actions against citizens of Council of Europe member states, such as the death penalty.

The Court is responsible for supervising compliance with the Convention on Human Rights and Fundamental Freedoms in the countries that have ratified it. The ECHR accepts and examines applications from citizens of those states, as well as from foreign nationals and stateless persons. The ECHR considers only applications in which a state is the respondent. If the Court finds a violation of the Convention, the respondent state is required to comply with the ECHR judgment.

Individuals and legal entities may apply to the ECHR. Legal entities include commercial and non-profit organizations: cooperatives, banks, associations, joint-stock companies, foundations, and other enterprises and organizations with various legal forms.

To apply to the ECHR, the application form available on the Court’s website must be completed correctly. It may be completed in Russian, but subsequent correspondence is conducted in English or French. New requirements for lodging an application have been in force since 1 January 2016 and must be strictly observed.

For an application to be declared admissible by the ECHR and accepted for examination, the applicant must first bring the matter before the courts of their own country and pass through two or three levels of jurisdiction — the court of first instance and the court of appeal, and sometimes the court of cassation as well. Once a final decision has been obtained and all domestic remedies have been exhausted, an application may be lodged with the ECHR within six months from that date.

At the first stage, the Court must be provided with the information required to examine the application. The application is then considered by one of the Court’s judicial formations — a Committee, a Chamber, or a single judge — depending on the category of the application. If the admissibility criteria are not met, the application is examined by a single judge, who may declare it inadmissible; that decision cannot be appealed. In that case, the case is closed and the file is destroyed. A Committee consists of three judges and examines repetitive cases. A Chamber consists of seven judges and deals with cases that have not previously been considered by the ECHR. A Chamber may refer an application to the Grand Chamber, composed of 17 judges, where the case raises serious questions concerning the interpretation of the Convention.

If the Court finds that rights protected by the Convention have been violated, its judgment may serve as a basis for reopening the case on account of newly discovered circumstances. In Russia, this issue is addressed by Ruling No. 4-P of the Constitutional Court of the Russian Federation dated 26 February 2010 (Article 392, Part 2). Under Article 41 of the Convention, the European Court of Human Rights may award just satisfaction to the applicant, either in the form of recognition of the applicant’s rights by the respondent state or as monetary compensation.

• The lawyer analyzes all documents and factual information provided by the applicant in connection with the case, verifies the factual circumstances, and determines whether they can be supported by documentary evidence.
• The lawyer assesses the prospects of filing an application and analyzes its admissibility from the ECHR’s perspective.
• The lawyer analyzes the Court’s case-law in similar matters.
• The lawyer prepares and files the application, carefully monitoring the applicable filing deadlines.
• The lawyer arranges for the application to be translated into one of the official languages of the European Court — French or English.
• The lawyer conducts correspondence with the Registry of the ECHR and represents the client during oral hearings before the European Court.

To represent clients effectively before the ECHR, a lawyer must be proficient in French or English and be legally entitled to practise law in their own country or in one or more Council of Europe member states. A high level of proficiency in these languages and an excellent command of the terminology used by the ECHR in its practice are required. This is essential for properly filing an application, conducting correspondence with the ECHR, and representing clients during oral hearings.