Introduction to Human Rights Law – Part 2 Donata Szabo

How can I lodge a complaint to a human rights court? Example: European Court of Human Rights Who and when can apply to the ECHR? Anyone who thinks he/she has “personally and directly” been a victim of a violation under the Convention (general complaints will not be accepted) The alleged violation must have been committed by one of the Convention Member States The applicant does not need to be a national of the State he/she complains about or any of the Member States; it suffices for the act complained of to have been committed by a Member State against a person within its “jurisdiction” (usually means territory” The applicant can be a private person or a legal entity (e.g. company) The applicant must have used up (i.e. actually raised complaints) all available domestic remedies in the State complained about Application must be brought within 6 months of the final domestic decision (normally the judgment of the highest court) Applicants can bring complaints against one or more of the Member States; the act or omission complained of must be attributed to at least one public authorities in the State concerned (e.g. a court, the police, etc.) The application must relate to at least one of the rights protected in the Convention and not those contained in other instruments (NB: applications can also relate to a number of rights)

How can I lodge a complaint to a human rights court? (cont’d) How to apply? All application must be submitted in writing (either in one of the Court’s official languages – English or French – or an official language of a Member State) The standard application form must be filled and sent by post (fax or application in person are not accepted) Brief summary of facts; Which Convention rights are alleged to have been violated; The remedies already used; Copies of domestic decisions (including those made by authorities other than the courts); Applicant’s and his/her representative’s signature The Registry might ask for additional documentation, information or explanations One can apply for legal representation with the Court or can apply with the lawyer of their own choice (NB applicants will need to have a lawyer) Applicants can ask for anonymity

The proceedings Proceedings are conducting in writing; public hearings are rare Proceedings are free; applicants only have to bear their own costs (such as lawyers’ fees and other expenses) but they have the option to apply for legal aid Steps: Court examines the admissibility of the complaint (i.e. certain conditions need to be satisfied before the Court considers the claim in detail) – NB it may be that you made several complaints and some of them are rejected while other are admitted (82% of applications are inadmissible) A decision of inadmissibility is final and irreversible If the complaint is admissible, the Court will encourage a friendly settlement If no friendly settlement is reached, the Court will consider the “merits” of the case and will determine whether there was a violation of the Convention Normally, it takes a year for a case to be decided (unless the applicant’s situation is urgent – he/she is in imminent physical danger) The Court may award monetary compensation – “just satisfaction” – for moral damage (non-pecuniary), material damage (pecuniary) or costs and expenses The European Court of Human Rights is not an appeal court to national courts; it will not directly intercede on the applicant’s behalf with the authority in question (exceptionally, it may order interim measures)

Key case law Soering v UK (App No 14038/88, 7 July 1989, Series A, No 161) A & others v S/S for the Home Dept (No. 2) [2005] UKHL 71 SERAC and CESR v Nigeria (African Commission on Human and Peoples’ Rights), Comm. No. 155/96 (2001) Velásquez-Rogríguez v Honduras, Inter-American Court of Human Rights, Judgment of July 29, 1988 (Merits), Series C, No. 4 Üner v Netherlands, ECtHR GC, 46410/99, 18 October 2006 Kokkinakis v Greece, ECtHR, 14307/88, 25 May 1993 Saygi v Turkey, ECtHR, 37715/11, 27 January 2015

Discussion time What do you think of the following controversial issues? Which rights do each of them concern? What are the arguments for and against each? Are these issues regulated in your country? How? Death penalty Euthanasia Abortion Telephone tapping

Question time