European Court of Human Rights
We cover all the needs of the detainee, his family and loved ones.
The European Court of Human Rights, established in 1959, is a judicial body created after the entry into force of the European Convention on Human Rights (ECHR), in 1953, to ensure its application and compliance.
It is based in Strasbourg and is a permanent body of the Council of Europe, to which, therefore, all 47 members adhere.
Very often, the ECHR is confused with the Court of Justice of the European Union, which has its seat in Luxembourg and is an effective institution of the European Union with very different competences, namely respect for Community law and interpretation and application of the founding treaties of the European Union. The United States.
The ECHR is also very often confused with the International Court of Justice, which is instead an organ of the United Nations.
Now, given that the European Court of Human Rights was created specifically to rule on appeals on the alleged violation of the rights indicated in the ECHR (appeals that can be presented by the Member States of the Convention and by individuals) it is convenient to clarify what the ECHR is.
Well, signed in 1950 by the Council of Europe, the convention is an international treaty aimed at protecting human rights and fundamental freedoms in Europe. Any person whose rights have been violated under the convention by a State party may, with the assistance of a lawyer specialized in international law, initiate a process before the Court.
The Convention defines the fundamental rights that individual states must respect and guarantee to all subjects in their territory regardless of their citizenship.
The ECHR, in general, establishes and protects the right to life, a fair trial, respect for freedom of expression, thought and freedom of worship, property and privacy. It expressly prohibits the use of torture or degrading treatment, slavery and forced labor, the death penalty, arbitrary detention!
Well, if you believe that you have been violated in any of the enumerated rights, that you have been wronged by the Italian State or that you have been unjustly convicted, you can go to the European Court of Human Rights to obtain justice!
The International Lawyers Associates Attorneys Law Firm are professionals specialized in assisting before the European Court of Human Rights and are willing to provide timely legal support to whoever needs it; They are called human rights precisely because they belong to everyone!
To help you better understand how the ECHR works, it is good to make a few clarifications.
The European Court of Human Rights is made up of 47 judges (as many as ECHR member states) who are elected by the Parliamentary Assembly of the Council of Europe on the basis of lists of three candidates proposed by individual member states; judges remain in office for nine years and their mandate is not renewable. Currently, the President of the Court is Róbert Ragnar Spanó, while from 2015 to 2019 it was the Italian magistrate Guido Raimondi
The Court has five Sections, within each section judges' chambers are organized that resolve the cases presented to the Court in an ordinary way, then there is a specialized Grand Chamber with competence to hear the most complex cases.
The elected judges are obviously totally independent and do not answer to the states that have proposed them or to the Council of Europe!
Appeals submitted to the ECHR can be interstate but also individual.
In fact, if a person believes that they have been the victim of a violation of one of the fundamental rights and freedoms, they can appeal to the ECHR.
The violation most frequently found by the Court is the right to a fair trial, however violations of art. 2 and 3 of the Charter, related respectively to the right to life and the absolute prohibition of the use of torture or inhuman treatment. The Italian case of 2013 is very famous in which our country was severely condemned with the famous Torreggiani sentence for the overcrowding of its prisons.
The victim, with the right to appeal, is a natural or legal person who has been a party to a dispute before the national courts and who believes that he or she has suffered a violation of fundamental rights and freedoms.
The team of International Lawyers Associates Law Firm we usually write many appeals before the European Court of Human Rights and over time we have gained a great mastery of this matter so complex that, however, it represents the last resort.
However, the appeal, in general, can be proposed by the "person directly affected by the act or omission in dispute." This status must persist for the appeal presented to be declared admissible for the entire procedure, under pain of rejection of the proposal. request.
Whoever requests a declaration of guilt by the State, but also a reparation, must prove that he has suffered damage: only if the Court qualifies the latter as relevant, will the right to just satisfaction arise. People who have a close and personal bond with someone who has suffered an injustice also have the right to appeal, the so-called indirect victim theory, and the heirs in the event of the death of the plaintiff.
The appeal is filed, through the Court, against the State that is "accused" of having violated one of the fundamental rights and freedoms enshrined in the Convention.
How do you file an appeal to the ECHR?
The appeal procedure before the Court consists of sending you, by certified mail, the appeal form prepared on the institutional website of the Court. The form must be downloaded, completed and sent to the email address shown at the bottom of the document.
Failure to use the form would give rise to a declaration of incorrect filing of the appeal by the Secretariat of the Court; It is a first control, not of a judicial nature, but purely administrative.
Once this first "check" has been passed, regarding the correct formal introduction, the content of the appeal must pass a series of other checks before the Court can assess the merits.
These controls concern the determination of admissibility; A specific legal division verifies that the cassation appeal has a series of essential requirements so that it can be submitted to the judicial function of the Court.
Basically, it is verified that the protagonists of the appeal and its content fall within the cases of the European Convention on Human Rights.
The most important admissibility criterion is the exhaustion of domestic remedies: the appeal before the European Court of Human Rights must, in fact, be filed after the appeal has been concluded - and the degree of it has been exhausted - to which the appellant can access, within the framework of the same state system.
Another important admissibility criterion is compliance with the six-month period (six months from the presentation of the final and final internal resolution) within which the appeal must be filed. Finally, and finally, the admissibility criterion is the absence of material damage
The entire procedure is written and any decision of the Court will also be communicated in writing. Participation in hearings is exceptional and all relations with the European Court of Human Rights are carried out by letter.
If the appeal is declared admissible, the Court in the first instance encourages the parties to reach a friendly settlement, later, then, in the absence of an agreement, it proceeds to examine the merits, judging whether or not there has been a violation of the Convention.
Some appeals in particular can be classified as urgent and treated as a priority, especially in the event that there is an imminent danger that threatens the physical integrity of the applicant.
In the first phase of the procedure, although it is optional, the assistance of an international law lawyer, in the next phase, or after notification of the appeal to the ECHR, the applicant must necessarily be represented by a specialized lawyer of any of the Contracting States and in whose territory he resides.
Judgments of the European Court of Human Rights
If the ECHR finds a violation, it will issue a sentence of conviction in addition to requiring the sentenced State to eliminate the consequences of the violation. In addition, it may recognize the so-called "Fair Compensation", which consists of financial compensation for the damages suffered in the event that the legal system of the responsible State does not allow the total removal of the consequences of the violation.
Otherwise, if the Court finds no violation, it will pronounce an acquittal.
The judgments of the Court are binding on the parties involved and through the judgments of the ECHR an international jurisprudence is elaborated that obliges all the contracting States to adapt the national domestic legal order.
However, over the years, the systematic violation of the obligations derived from the Head of State has led the Court to adopt a true "pilot sentence" procedure. This is the procedure by which the Court resolves an appeal considered emblematic of a specific problem. structural, which is expressly indicated together with the general measures required by the State to remedy it.
This happened in 2009, with the Yuriy Nikolayevich Ivanov v. Ukraine. Having verified the existence of a generalized practice of non-compliance with the right to enforce judgments derived from the lack of adequate appropriations for the payment of public administration debts and other existing deficiencies in the Ukrainian legal system, the Court requested That the Country proceed without delay to the necessary interventions in legislative matters and administrative practice, also establishing, within a period of one year, an appeal at the national level that guarantees the protection of the right to the execution of judicial decisions.
Today, the Court has jurisdiction over 47 countries and protects millions of people, and some 20,000 sentences have been handed down since its establishment.
The judges in Strasbourg have been more active since the individual appeal instrument was introduced; The reform of access to the Court and its openness to the people was fundamental to determine the impact capacity of the activity of European judges.
If you would like help drafting your appeal to the European Court of Human Rights, please contact our team, who will be able to provide you with a leading criminal lawyer with experience in the field.
Assistance to the detainee at the police station
We maintain contact between the affected and their relatives and loved ones
Before an arrest, the highest priority is to receive specialized legal assistance as soon as possible and to maintain contact with the outside.
If you or a loved one has been arrested, we can help you.
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Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.
We offer information, assistance and advice to the detainee and his family for the duration of the entire process.
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