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Home European Court of Human Rights Filing a complaint to ECHR Instructions for persons completing the Application Form
Instructions for persons completing the Application Form

INSTRUCTIONS
for persons completing the Application Form under Article 34 of the Convention

INTRODUCTION

The goal of these instructions is to help you to complete the application form to the Court. Before completing the application form you should carefully read the Convention and the Notes for the Guidance of Applicants, and then in the process of completing each section of the application form you should apply to the Convention.

The completed application form will be your complaint to the Court in accordance with Article 34 of the Convention. It will be a basis for consideration of your case by the Court. In this connection it is necessary to complete the application form fully and carefully, even if it implies the repeated statement of information which you have already furnished to the Registry before.

The application form includes 8 sections. Your complaint should contain all necessary information required in accordance with the Rules of Court. Below you can find some explanations on completing each section of the application form taken separately as well as the text of Rules 45, 47 of the Rules of Court.

INSTRUCTIONS ON COMPLETING THE APPLICATION FORM

I. THE PARTIES – Rules 47 § 1 (a), (b) and (c)
(1-13)

If the complaint is lodged by several applicants, You should set out all required information about each applicant (on a separate sheet, if necessary).

The applicant can appoint a person who will represent his (her) interests. Such a representative shall be an advocate authorized to practise in any of the Contracting Parties and resident in the territory of one of them, or any other person approved by the Court. If the applicant is represented by other person, corresponding data should be indicated in this section of the application form. The Registry of the Court will carry on a correspondence only with that representative.

II. STATEMENT OF THE FACTS – Rule 47 § 1 (d)
(14)

You should give clear and concise details of the facts you are complaining about. Try to describe the events in the order in which they occurred. Give exact dates. If your complaints relate to a number of different matters (for example different sets of court proceedings), deal with each matter separately.

III. STATEMENT OF ALLEGED VIOLATION(S) OF THE CONVENTION AND/OR PROTOCOLS AND OF RELEVANT ARGUMENTS - Rule 47 § 1 (e)
(15)

In this section of the application form you should explain as precisely as you can what your complaint under the Convention is. Say which Convention provisions you rely on and explain why the facts that you have set out in Section 2 involve a violation of those provisions.

You can see that some articles of the Convention allow some interventions (under certain circumstances) in the rights guaranteed by those articles (for example subparagraphs (а)-(f) § 1 of Article 5 and § 2 of Articles 8 – 11). If you rely on such an article, try to explain why you consider the interventions you are claiming about unjustified.

IV. STATEMENT RELATIVE TO ARTICLE 35 § 1 OF THE CONVENTION -Rule 47 § 2 (а)
(16-18)

In this section you should give the information needed to show that you have complied with the rules on exhaustion of domestic remedies. You should fill in each of three points of this section and give the details on a separate sheet for each separate complaint. In Point 18 you should indicate, is there or was there any other appeal or other remedy available to you which you have not used. If so, describe it (for example, give court or authority) and explain why you have not used it.

V. STATEMENT OF THE OBJECT OF THE APPLICATION - Rule 47 § 1 (g)
(19)

In this section you should state briefly what you want to achieve through your application to the Court.

VI. OTHER INTERNATIONAL PROCEEDINGS – Article 47 § 2 (b)
(20)

Indicate whether you have submitted the complaints in your application to any other procedure of international investigation or settlement. If you have, you should give details, including the name of the body to which you submitted your complaints, dates and details of any proceedings which took place and details of decisions taken. You should also submit copies of relevant decisions and other documents. Do not staple, tape or bind documents.

VII. LIST OF DOCUMENTS – Rule 47 § 1 (h)
(NO ORIGINAL DOCUMENTS, ONLY PHOTOCOPES)
(21)

Enclose a list of all judgments and decisions referred to in Parts IV and VI as well as any other documents you wish the Court to take into consideration as evidence (transcripts, witness statements etc). Attach any documents which clarify a judgment or any other decision as well as the text of the judgment itself. Submit only the documents which bear a relation to the complaints lodged by you to the Court. Do not staple, tape or bind documents.

VIII. DECLARATION AND SIGNATURE – Rule 45 § 3
(23-24)

If the application form is signed by a representative, a properly completed form of authority must accompany the form, if it has not already been submitted.

RULES 45 AND 47 OF THE RULES OF COURT

Rule 45 (Signatures)

1. Any application made under Articles 33 or 34 of the Convention shall be submitted in writing and shall be signed by the applicant or by the applicant's representative.

2. Where an application is made by a non-governmental organization or by a group of individuals, it shall be signed by those persons competent to represent that organization or group. The Chamber or Committee concerned shall determine any question as to whether the persons who have signed an application are competent to do so.

3. Where applicants are represented in accordance with Rule 36, a power of attorney or written authority to act shall be supplied by their representative or representatives.

Rule 47 (Contents of an individual application)

1. Any application under Article 34 of the Convention shall be made on the application form provided by the Registry, unless the President of the Section concerned decides otherwise. It shall set out

a. the name, date of birth, nationality, sex, occupation and address of the applicant;

b. the name, occupation and address of the representative, if any;

c. the name of the Contracting Party or Parties against which the application is made;

d. a succinct statement of the facts;

e. a succinct statement of the alleged violation(s) of the Convention and the relevant arguments;

f. a succinct statement on the applicant's compliance with the admissibility criteria (exhaustion of domestic remedies and the six-month rule) laid down in Article 35 Paragraph 1of the Convention; and

g. the object of the application;

and be accompanied by

h. copies of any relevant documents and in particular the decisions, whether judicial or not, relating to the object of the application.

2. Applicants shall furthermore

a. provide information, notably the documents and decisions referred to in paragraph 1 (h) of this Rule, enabling it to be shown that the admissibility criteria (exhaustion of domestic remedies and the six-month rule) laid down in Article 35 § 1 of the Convention have been satisfied; and

b. indicate whether they have submitted their complaints to any other procedure of international investigation or settlement.

3. Applicants who do not wish their identity to be disclosed to the public shall so indicate and shall submit a statement of the reasons justifying such a departure from the normal rule of public access to information in proceedings before the Court. The President of the Chamber may authorize anonymity or grant it of his or her own motion.

4. Failure to comply with the requirements set out in paragraphs 1 and 2 of this Rule may result in the application not being examined by the Court.

5. The date of introduction of the application for the purposes of Article 35 § 1 of the Convention shall as a general rule be considered to be the date of the first communication from the applicant setting out, even summarily, the subject matter of the application, provided that a duly completed application form has been submitted within the time limits laid down by the Court. The Court may for good cause nevertheless decide that a different date shall be considered to be the date of introduction.

6. Applicants shall keep the Court informed of any change of address and of all circumstances relevant to the application.

 
  

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