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EUROPEAN COURT OF

HUMAN RIGHTS :

QUESTIONS AND

ANSWERS

REGISTRY OF THE COURT

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WHAT IS THE EUROPEAN

COURT OF HUMAN RIGHTS?

he European Court of Human Rights is an

international court based in Strasbourg. It

consists of a number of judges equal to the

number of member States of the Council of

Europe that have ratified the Convention for the

Protection of Human Rights and Fundamental

Freedoms – currently forty-seven1. The Court’s

judges sit in their individual capacity and do not

represent any State. In dealing with applications, the

Court is assisted by a Registry consisting mainly of

lawyers from all the member States (who are also

known as legal secretaries). They are entirely

independent of their country of origin and do not

represent either applicants or States.

WHAT IS THE EUROPEAN

CONVENTION ON HUMAN

RIGHTS?

he European Convention on Human Rights

is an international treaty which only member

States of the Council of Europe may sign.

The Convention, which establishes the

Court and lays down how it is to function, contains a

list of the rights and guarantees which the States have

undertaken to respect.

WHAT DOES THE

EUROPEAN COURT OF

HUMAN RIGHTS DO?

he Court applies the European Convention

on Human Rights. Its task is to ensure that

States respect the rights and guarantees set

out in the Convention. It does this by

examining complaints (known as “applications”)

lodged by individuals or, sometimes, by States.

Where it finds that a member State has violated one

or more of these rights and guarantees, the Court

delivers a judgment. Judgments are binding: the

countries concerned are under an obligation to

comply with them.

1 Not all member States have ratified all the Protocols to

the Convention (instruments creating additional rights).

Information on the subject can be found on our Internet

site.

WHEN CAN I APPLY TO THE

EUROPEAN COURT OF

HUMAN RIGHTS?

ou may lodge an application with the Court

if you consider that you have personally and

directly been the victim of a violation of the

rights and guarantees set out in the

Convention or its Protocols. The violation must have

been committed by one of the States bound by the

Convention.

What rights are protected by

the Convention and its

Protocols?

The following rights, in particular, are protected:

 the right to life;

 the right to a fair hearing in civil and criminal

matters;

 the right to respect for private and family life;

 freedom of expression;

 freedom of thought, conscience and religion;

 the right to an effective remedy;

 the right to the peaceful enjoyment of

possessions; and

 the right to vote and to stand for election.

What do the Convention and its

Protocols prohibit?

The following, in particular, are prohibited:

 torture and inhuman or degrading treatment or

punishment;

 arbitrary and unlawful detention;

 discrimination in the enjoyment of the rights and

freedoms set out in the Convention;

 the expulsion by a State of its own nationals or

its refusing them entry;

 the death penalty; and

 the collective expulsion of aliens.

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WHAT CONDITIONS DO I

HAVE TO SATISFY TO

LODGE AN APPLICATION?

What are the conditions

relating to me personally?

 You do not need to be a national of one of

States bound by the Convention. The violation

you are complaining of must simply have been

committed by one of those States within its

“jurisdiction”, which usually means within its

territory.

 You can be a private individual or a legal entity

such as a company or association.

 You must have directly and personally been the

victim of the violation you are alleging. You

cannot make a general complaint about a law or

a measure, for example because it seems unfair;

nor can you complain on behalf of other people

(unless they are clearly identified and you are

their official representative).

Are there any procedures that

must be followed beforehand

in the national courts?

 Yes. You must have used all the remedies in the

State concerned that might have been able to

redress the situation you are complaining about

(usually, this will mean an application to the

appropriate court, followed by an appeal, where

applicable, and even a further appeal to a higher

court such as the supreme court or

constitutional court, if there is one).

 It is not enough merely to make use of these

remedies. In so doing, you must also have

actually raised your complaints (that is, the

substance of the Convention violations you are

alleging).

 You have only six months from the date of the

final decision at domestic level (generally

speaking, the judgment of the highest court) to

lodge an application. After that period your

application cannot be accepted by the Court.

Against whom can I lodge an

application?

 Against one or more of the States bound by the

Convention which, in your opinion, has/have

(through one or more acts or omissions directly

affecting you) violated the European

Convention on Human Rights.

 The act or omission complained of must have

been by one or more public authorities in the

State(s) concerned (for example, a court or an

administrative authority).

 The Court cannot deal with complaints against

individuals or private institutions, such as

commercial companies.

What can my application be

about?

 Your application must relate to one of the rights

set out in the European Convention on Human

Rights. Alleged violations may cover a wide

range of issues, such as: torture and ill-treatment

of prisoners; lawfulness of detention;

shortcomings in civil or criminal trials;

discrimination in the exercise of a Convention

right; parental rights; respect for private life,

family life, the home and correspondence;

restrictions on expressing an opinion or on

imparting or receiving information; freedom to

take part in an assembly or demonstration;

expulsion and extradition; confiscation of

property; and expropriation.

 You cannot complain of a violation of any legal

instrument other than the European Convention

on Human Rights, such as the Universal

Declaration of Human Rights or the Charter of

Fundamental Rights.

HOW SHOULD I APPLY TO

THE COURT IF I CONSIDER

MYSELF TO BE THE VICTIM

OF A VIOLATION OF THE

CONVENTION?

y sending a letter to the Court giving clear

details of your complaint (in which case you

will receive an application form which must

be filled out) or by filling out an application

form2 directly. The letter and/or application form

should be sent to the following address:

The Registrar

European Court of Human Rights

Council of Europe

F-67075 Strasbourg Cedex

2 The application form can be found on our Internet site.

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 You may write in one of the Court’s official

languages (English and French) or in an official

language of one of the States that have ratified

the Convention.

 If you lodge your application by fax, you must

also send a copy by post.

 Do not come to Strasbourg in person to state

your case orally. Your case will not be

examined any more quickly and you will not

receive any legal advice.

 The Registry may ask you for additional

documents, information or explanations relating

to your complaints.

 As soon as you have a copy of the application

form, you should fill it out carefully and legibly

and return it as quickly as possible. It must

contain :

 a brief summary of the facts and your

complaints;

 an indication of the Convention rights you

think have been violated;

 the remedies you have already used;

 copies of the decisions given in your case by

all the public authorities concerned (these

documents will not be returned to you, so

only copies should be sent); and

 your signature as the applicant, or your

representative’s signature.

 If you do not wish your identity to be disclosed,

you must inform the Court immediately, giving

reasons. The President will determine whether

your request is justified. le bien-fondé.

 At this stage of the proceedings you do not have

to be represented by a lawyer. If, however, you

wish to apply to the Court through a

representative, you must send with the form

your authority for him or her to act on your

behalf.

What are the main features of

the proceedings?

 Proceedings are conducted in writing. You will

be informed in writing of any decision taken by

the Court. Public hearings are exceptional.

 Your case will be dealt with free of charge.

 Although you do not need to be represented by

a lawyer in the first stages of the proceedings,

you will need a lawyer once your application has

been notified to the Government. The great

majority of applications are, however, declared

inadmissible without being notified to the

Government.

 You will have to bear only your own costs (such

as lawyers’ fees or expenses relating to research

and correspondence).

 After your application has been lodged, you may

apply for legal aid. Legal aid is not granted

automatically, and awards are not made

immediately but only at a later stage of the

proceedings.

What are the main stages in

the process?

 The Court must first examine whether your

application is admissible. This means that the

case must comply with certain requirements set

out in the Convention (see “What conditions do

I have to satisfy to lodge an application?” on

page 3). If the conditions are not satisfied, your

application will be rejected. If you have made

several complaints, the Court may declare one or

more of them admissible and dismiss the others.

 If your application or one of your complaints

is declared inadmissible, that decision is

final and cannot be reversed.

 If your application or one of your complaints is

declared admissible, the Court will encourage the

parties (you and the State concerned) to reach a

friendly settlement. If no settlement is reached,

the Court will consider the application “on the

merits” – that is, it will determine whether or not

there has been a violation of the Convention.

How long shall I have to wait?

 In view of the current backlog of cases, you may

have to wait a year before the Court can proceed

with its initial examination of your application.

Some applications may be treated as urgent and

dealt with as a matter of priority, particularly

where the applicant is said to be in imminent

physical danger.

WHAT CAN I HOPE TO

OBTAIN?

f the Court finds that there has been a violation,

it may award you “just satisfaction”, a sum of

money in compensation for certain forms of

damage. The Court may also require the State

concerned to refund the expenses you have incurred

in presenting your case. If the Court finds that there

has been no violation, you will not have to pay any

additional costs (such as those incurred by the

respondent State).

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Please note:

 The Court is not empowered to overrule

national decisions or annul national laws.

 The Court is not responsible for the execution

of its judgments. As soon as it has given

judgment, responsibility passes to the

Committee of Ministers3 of the Council of

Europe, which has the task of supervising

execution and ensuring that any compensation is

paid.

WHAT IS THE EUROPEAN

COURT OF HUMAN RIGHTS

NOT ABLE TO DO FOR ME?

 The Court does not act as a court of appeal

vis-à-vis national courts; it does not rehear cases,

it cannot quash, vary or revise their decisions.

 The Court will not intercede directly on your

behalf with the authority you are complaining

about. In exceptional circumstances the Court

may, however, grant interim measures. As a

matter of practice it only does so where there is

a serious risk of physical harm to the applicant.

 The Court will not help you find or pay a lawyer

to draw up your application.

 The Court cannot give you any information on

legal provisions in force in the State against

which your complaints are directed.

Further information about the European Court

of Human Rights can be found on our

Internet site: www.echr.coe.int

3 The Committee of Ministers comprise the member

States’ ministers for foreign affairs or their representatives.

These questions and answers have been prepared by the Registry of the Court. The document does not bind the

Court. It is intended to provide basic general information about the way the Court works. For more detailed

information, reference is made to documents issued by the Registry (available on the Court’s website

(www.echr.coe.int)) and in particular to the Rules of Court.

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