The European Court of Human Rights
The ECHR is an international court based in Strasbourg .The court consists of a numberof judges equal to the number of member states of the Council of Europe that haveratified the Convention on the Protection of Human Rights and Fundamental Freedoms.Some basic civil and political freedoms are: the right to life, freedom from torture orinhuman treatment, freedom from slavery and forced labour, the right to fairadministration of justice, respect for privacy and the family, the right to peacefulassembly, and the right not to be discriminated against. Over the years protocolshave added new rights: the protection of property, the parent’s right to choose education,the right to free elections, free movement etc. Private individuals or legalpersons such as nongovernmental organisations, associations, companies and states aswell, may apply to the ECHR if they have directly been victims of a violation and of abreach of the Convention. The Court, however, cannot deal with any complaint unlessthe applicant has first tried remedies in the national courts. All complaints must belodged not later than six months from the date on which the final decision in the highestnational court was made. The ECHR will investigate a complaint if it is judged to fulfilvarious conditions that make it admissible. The final ruling of the court is binding on theparties. The court also has the power to award compensation. The main feature of thecourt is that proceedings are conducted in writing. At the first stages of the proceedings,applicants do not need to be represented by a lawyer and will be informed in writingof any decision taken by the court. Public hearings are exceptional. Cases are dealtwith free of charge but the applicants will have to bear the expenses relating to researchand correspondence. Once your application has been notified to the Government, youwill need a lawyer and then you will have to bear the costs of the lawyer’s fee.
This chamber, if it finds the application admissible, will proceed to examine themerits of the case and will seek to achieve a friendly settlement;
If, however, the application prima facie seems admissible it will be passed to a chamberof seven judges;
An application is initially considered by a committee of three judges and may bedeclared inadmissible immediately and without a further reading;
In the absence of such a settlement, the chamber will issue a judgment. This judgmentwill be final unless important issues arise within three months;
If an alleged violation is upheld by the Court, the responsibility lies with the defendantstate to take the appropriate action to make good the identified deficiency. Astate at fault may be required to pay compensation;
In such an event, the judgment will be referred to a Grand Chamber of seventeenjudges. Their judgment is final and may not be appealed;
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1. An application is initially considered by a committee of three judges and may bedeclared inadmissible immediately and without a further reading;
2. If, however, the application prima facie seems admissible it will be passed to a chamber of seven judges;
3. This chamber, if it finds the application admissible, will proceed to examine the merits of the case and will seek to achieve a friendly settlement;
4. In the absence of such a settlement, the chamber will issue a judgment. This judgment will be final unless important issues arise within three months;
5. In such an event, the judgment will be referred to a Grand Chamber of seventeen judges. Their judgment is final and may not be appealed;
6. If an alleged violation is upheld by the Court, the responsibility lies with the defendant state to take the appropriate action to make good the identified deficiency. A state at fault may be required to pay compensation.