Межрегиональная общественная благотворительная организация 'Вера, Надежда, Любовь'
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Вниманию ЛИЦ БЕЗ ГРАЖДАНСТВА!!! До 01.01.2025 г. ЛБГ должны урегулировать свой правовой статус в РФ. Иначе они обязаны покинуть РФ не позднее 31.03.2025 г. или будут депортированы!

Contact information

27-A, Kirova St., Pyatigorsk
Tel/fax: (8793) 97-43-24,
39-38-08
e-mail: vnl@kmv.ru, idp@kmv.ru


Яндекс цитирования

Home European Court of Human Rights Filing a complaint to ECHR Notes for the guidance of persons wishing to apply to the ECHR
Notes for the guidance of persons wishing to apply to the ECHR

I. WHAT CASES CAN THE COURT DEAL WITH?

1. The European Court of Human Rights is an international court which can examine complaints from persons claiming that their rights under the European Convention on Human Rights have been infringed. This Convention is an international treaty by which a large number of European States have agreed to secure certain fundamental rights. The rights guaranteed are set out in the Convention itself, and also in Protocols № 1, 4, 6, 7 and 13 which only some of the States have accepted. You should read these texts, which are all enclosed.

2. If you consider you have personally and directly been the victim of a breach of one or more of these fundamental rights by one or more of the States, you may complain to the Court.

3. The Court can only deal with complaints relating to infringements of one or more of the rights set out in the Convention and Protocols. It is not a court of appeal vis-a-vis national courts and cannot annul or alter their decisions. Nor can it intervene directly on your behalf with the authority you are complaining about.

4. The Court can only examine complaints that are directed against States which have ratified the Convention or the Protocol in question. It cannot examine complaints concerning events occurring before ratification. The dates of ratification are set out in the present document.

5. You can only complain to the Court about matters which are the responsibility of a public authority (legislature, administrative authority, court of law, etc.) of one of these States. The Court cannot deal with complaints against private individuals or private organizations.

6. Under the terms of Article 35 §1 of the Convention, the Court can only deal with an application after all domestic remedies have been exhausted and within a period of six months from the date on which the final domestic decision was taken. The Court will not be able to consider any application that does not satisfy these admissibility requirements.

7. Exhaustion of domestic remedies means that before applying to the Court you must first have tried to obtain a decision on the subject matter of your complaint from the national courts, including appealing to the highest court which has jurisdiction. If you have not used such a remedy, you will have to show that it was ineffective.

8. When applying to the national courts, you must normally comply with national rules of procedure, including time-limits. If, for instance, your appeal is dismissed because you have brought it too late or in the wrong court or have not used the proper procedure, the Court will not be able to examine your case.

9. However, if you are complaining of a court decision such as a conviction or sentence, it is not necessary to have tried to have your case reopened after going through the normal appeal procedures in the courts. Nor do you have to have made use of remedies outside the courts or seek a pardon or an amnesty. Petitions (to Parliament, the Head of State or Government, a minister or an ombudsman) are not regarded as effective remedies hat you must have used.

10. After a decision of the highest competent national court or authority has been given, you have six months within which you may apply to the Court. The six-month period begins when the final court decision in the ordinary appeal process is served on you or your lawyer, not on the date of any later refusal of an application to reopen your case or of a petition for pardon or amnesty or of any other application to a public authority.

11. This six-month period will be interrupted when you send to the Court either a first letter clearly setting out – even if only in summary form – the subject-matter of the application you may wish to lodge or a completed application form. A mere request for information is not sufficient to stop time running for the purposes of complying with the six-month time-limit.

II. HOW TO APPLY TO THE COURT?

1. The Court's official languages are English and French but if it is easier for you, you may alternatively write to the Registry in an official language of one of the States that have ratified the Convention.

2. Applications to the Court may be made only by post (not by telephone). If you send your application by e-mail or fax, you must confirm it by post. No purpose will be served by your coming to Strasbourg in person to state your case orally.

3. All correspondence relating to your complaint should be sent to the following address:

The Registrar

European Court of Human Rights

Council of Europe

F–67075 STRASBOURG CEDEX

FRANCE


Please do not staple, seal with adhesive tape, or otherwise bind any correspondence or documents you send to the Court. All pages should be numbered consecutively.

4. On receipt of your first letter or the application form, the Registry of the Court will reply, telling you that a file (whose number must be mentioned in all subsequent correspondence) has been opened in your name and sending you a set of bar codes which you should attach to any future correspondence. Subsequently, you may be asked for further information, documents or particulars of your complaints. The Registry cannot however provide you with information about the law of the State against which you are making your complaint or give legal advice concerning the application and interpretation of national law.

5. It is in your interest to reply rapidly to any correspondence from the Registry. Any delay or failure to reply may be taken to mean that you no longer wish to pursue the examination of your case. Thus, if any letter of the Registry has not been replied one year from the date when it was sent to you, the file on your complaint will be destroyed.

6. If you consider that your complaints concern one of the rights guaranteed by the Convention or one of the Protocols, and the the conditions described above are satisfied, you should fill in the application form carefully and legibly and send it, together with any documents required for its examination, as soon as possible and no later than eight weeks after the date of the first letter from the Registry.

7. According to Rule 47 of the Rules of the Court, your complaint shall contain following information:
(a) a statement of the facts you are complaining about as well as the merits of the complaint;
(b) a statement of specific rights guaranteed by the Convention which have been violated in your opinion;
(c) indication 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.
(d) a list of all judgments and decisions rendered on your case as well as any other documents you wish the Court to take into consideration as evidence. You should also enclose full copies of the rendered decisions. (No documents will be returned to you. It is thus in your interest to submit copes, not originals.)

8. According to Rule 45 of the Rules of the Court, your application shall be signed by you or by your representative.

9.If you do not wish your identity to be disclosed to the public, you must say so and set out the reasons for such a departure from the normal rule of public access to information in the proceedings. The Court may authorize anonymity in exceptional and duly justified cases.

10.If you have legal representation, the application form must be accompanied by your authority for the lawyer or other representative to act on your behalf. A representative of a legal entity (company, association, etc.) or group of individuals must provide proof of his or her legal right to represent it. For the purpose of lodging the initial complaint, you need not be represented by a lawyer, nor does your representative have to be a lawyer. As a general rule, at a later stage of the proceedings the applicant's representative must be a lawyer who is authorized to plead cases in a State which ratified the Convention. The lawyer must know one of the official languages (English or French) at the minimum passively.

11.The Court does not grant legal aid to help you pay for a lawyer to draft your initial complaint. At a later stage of the proceedings – after a decision by the Court to communicate the application to the government concerned for written observations – you may be eligible for free legal aid if you have insufficient means to pay a lawyer's fees and if a grant of such aid is considered necessary for the proper conduct of the case.

12.Your case will be dealt with free of charge. As the proceedings are initially in writing, there is no point in coming to the Court's premises in person. You will automatically be informed of any decision taken by the Court.

RUSSIA

Reservation to the Convention of May 5, 1998.

In accordance with Article 57 of the Convention, the Russian Federation declares that provisions of Article 5 (Paragraphs 3 and 4) do not hinder the use of the following provisions of the RF legislation:

  • the temporary application (sanctioned by Section 2 (Article 6, Paragraph 2) of the 1993 RF Constitution) of the procedure for the arrest, the keeping in custody and the detention of persons who are suspected of committing a crime, which was set out in Article 11 (Part 1), Article 89 (Part 1), Articles 90, 92, 96, 96.1, 96.2, 97, 101 and 122 of the Code of Criminal Procedure of October 27, 1960 with following changes and additions;
  • Articles 51-53 and Article 62 of the Disciplinary Charter of Armed Forces of the Russian Federation approved by RF President Decree of December 14, 1993 № 2140, which were based on Article 26 (Paragraph 2) of the RF Law “On Status of Servicemen” of January 22, 1993 and introduce an arrest with keeping in a guard-room as a measure of summary punishment imposed on servicemen (soldiers, seamen, sergeants, master sergeants, warrant officers and sub-lieutenants) nonjudicially.

The term of the validity of this reservation is limited by a period which will be required to make modifications in the RF legislation, which will eliminate all contradictions of the above mentioned provisions to provisions of the Convention.

 
  

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