Questions
&
Answers
European Court
of Human Rights
Questions
&
Answers
What is the European Court of Human Rights?
What is the European Convention on Human
Rights?
3
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.
The European Court of Human Rights is an international court
based in Strasbourg, France. 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 471
. 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.
The European Convention on Human Rights is an international
treaty which only member States of the Council of Europe may
sign. The Convention, which established 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.
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 website.
European Court of Human Rights
Council of Europe
F-67075 Strasbourg cedex
www.echr.coe.int
When can I apply to the European Court of
Human Rights?
What conditions do I have to satisfy to lodge an
application?
What does the European Court of Human Rights
do?
4 5
The 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 concludes that a member State has breached one or more
of these rights and guarantees, the Court delivers a judgment finding
a violation. Judgments are binding: the countries concerned are
under an obligation to comply with them.
You 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
alleged 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;
"" expulsion or denial of entry by a State in respect of its own
nationals;
"" the death penalty; and
"" the collective expulsion of aliens.
What are the conditions relating to me
personally?
"" You do not need to be a national of one of the States bound
by the Convention. The violation you are complaining of must
simply have been committed by one of those States against
a person within its “jurisdiction”, which usually means on its
territory.
6 7
"" 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 could provide redress for 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 (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 be attributed to
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 hearings 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?
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By sending a completed and signed application form2
to the Court.
The form, together with any relevant accompanying documents,
must be sent by post to the following address:
The Registrar
European Court of Human Rights
Council of Europe
F-67075 Strasbourg cedex
"" 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.
"" No purpose is served by sending the application form by fax
since this will not interrupt the running of the period laid down
in the Convention for applying to the Court. Only the original
application form sent by post will be considered by the Court.
"" Do not come to Strasbourg in person to state your case orally.
Your case will not be examined any quicker and you will not
receive legal advice.
"" The Registry may ask you for additional documents, information
or explanations relating to your complaints.
"" You should download the application form from the Court’s website,
fill it in carefully and legibly, sign it and return it to the Court as
2 The application form can be found on our Internet site.
quickly as possible. The form must include:
•	 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, and also your representative’s
signature (if you have one).
"" 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.
"" 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 complete the
appropriate part of the application form.
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.
What can I hope to obtain?
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"" You will only have to bear 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. 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 will 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.
If 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).
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.
3 The Committee of Ministers comprise the member States’ministers for foreign
affairs or their representatives.
What is the European Court of Human Rights
not able to do for me?
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"" The Court does not act as a court of appeal in relation to 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.
Questions
&
Answers
European Court of Human Rights
Council of Europe
F-67075 Strasbourg cedex
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