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.