The European Court of Human Rights (also known as the Strasbourg Court or ECHR) is an international tribunal located in Strasbourg that examines violations of the European Convention on Human Rights (ECHR). If you have been unable to achieve justice through national courts, you can submit a complaint to this court.

1. Who and When Can Approach the Strasbourg Court?

The Strasbourg Court can consider a case if:

• ✅ Your rights have been violated – If any article of the European Convention is violated (e.g., the right to life, prohibition of torture, the right to a fair trial, ineffective investigation, etc.).
• ✅ All national avenues have been exhausted – Before submitting a complaint, all local legal remedies must have been used (e.g., appealing the decision in higher courts, including cassation if necessary).
• ✅ You file the complaint within the time limit – The final national decision must have been issued within the last four months.
• ✅ The violation comes from the state – Complaints can only be filed against actions or inactions of the state or its representatives (e.g., police, judiciary, executive authorities).

2. What Issues Does the Court Address?

The Strasbourg Court can only consider cases under the provisions of the European Convention on Human Rights. The most common articles under which cases are filed include:

• Right to Life (Article 2)
• Prohibition of Torture and Inhuman or Degrading Treatment (Article 3)
• Right to Liberty and Security (Article 5)
• Right to a Fair Trial (Article 6)
• Protection of Private and Family Life (Article 8)
• Freedom of Expression (Article 10)
• Prohibition of Discrimination (Article 14)

3. How to File a Complaint?

Steps to file a complaint:

1️⃣ Complete the official complaint form (available on the Court's website). 2️⃣ Attach all necessary documents, including decisions from national courts. 3️⃣ Specify the particular article of the Convention that has been violated. 4️⃣ Send it by mail to the following address:
The Registrar, European Court of Human Rights, Council of Europe, F-67075 Strasbourg Cedex, France

⚠ Important: Electronic or online submissions are not allowed; everything must be sent physically by post.

4. What Should Be Considered?

• The Strasbourg Court is not an appellate court – it does not reconsider national court decisions but evaluates whether human rights have been violated.
• Responsibility lies with the state – If a private individual violated your rights and the state acted effectively, the complaint will not be accepted.
• The process takes time – The Court can take years to examine a case, but in urgent situations, priority consideration may be given.

5. What Are the Possible Outcomes of a Successful Complaint?

If the Strasbourg Court determines that your rights have been violated:

• ✔ The state will be ordered to pay compensation.
• ✔ Legislative or procedural changes may be required.
• ✔ A decision by a national court may be annulled.

Approaching the Strasbourg Court is the final step when all national legal avenues have been exhausted. Key factors include meeting the filing deadline, preparing the necessary documentation, and providing clear legal reasoning for the violation.

If your rights have been violated and you wish to approach the European Court, consulting a professional lawyer significantly increases your chances of success. Contact us at 558 77 77 33 – Mariam Chkonia and Lasha Janibegashvili will defend your rights.

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