We have experience in preparing Petitions to the European Court of Human Rights (ECHR)
We have experience in preparing Petitions to the European Court of Human Rights (ECHR). The European Court of Human Rights is an international court based in Strasbourg. The European Court of Human Rights was founded in 1950 in accordance with the European Convention on Human Rights; since 1998, the court is a permanent international judicial institution examining complaints of natural persons, groups of individuals and non-governmental organisations claiming infringement of their rights and freedoms, established in the European Convention on Human Rights and its additional protocols.
The European Court of Human Rights applies the provisions of the European Convention on Human Rights. Its task is to ensure respect of the rights and guarantees established in the Convention by the states. This task is performed by examining complaints (also called Petitions) lodged by individuals or states. If infringement of one or several rights or guarantees by a state is established, the European Court of Human Rights adopts a decision. Decisions are binding: states-respondents undertook an obligation to observe them.
Any individual can lodge a complaint to the European Court of Human Rights if he/she believes his/her rights and freedoms laid down in the Convention or protocols to it were infringed.
Lawyers of E. Mikučiauskas and partners’ Law Firm EXPROMA has experience in preparing Petitions to the European Court of Human Rights regarding infringement of rights protected by the Convention and its protocols:
- the right to life;
- the right to fair hearing in civil and criminal cases;
- the right to respect for private and family life;
- freedom of expression;
- freedom of thought, conscience and religion;
- the right to effective legal remedy;
- the right to free use of own property;
- the right to vote and to be elected, etc.
Grounds on which you can submit a Petition to the European Court of Human Rights
Your Petition must be related to infringement of one of the rights established in the European Convention on Human Rights. The circle of infringements can be broad, for example:
- defects in civil and criminal trials;
- torture and degrading treatment of prisoners;
- unlawful detention;
- paternity/maternity rights;
- integrity of private and family life;
- housing integrity;
- disrespect of secret correspondence;
- seizure and expropriation of property;
- expulsion and extradition;
- restriction of receipt or spread of self-expression and information;
- restriction of freedom to attend meetings or associations.
Complaint against infringement other than of the provisions of the European Convention on Human Rights, legal document cannot be made, e.g. regarding Universal Declaration of Human Rights or Charter on Fundamental Freedoms.
Delay is crucial
Those who want to make a Petition to the European Court of Human Rights should not delay, because the term of six months is established for lodging a Petition from the date of the final decision of an internal court (in general, of the decision of the supreme court). Once this term expires, the European Court of Human Rights may not accept your Petition.