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Activity 1. Skim through the information given below to get an overview of what it deals with
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| 1. The European Court of Human Rights is an international institution which, in certain circumstances, can receive complaints from persons claiming that their rights under the European Convention on Human Rights have been violated. This Convention is a treaty by which a number of European States have agreed to secure certain fundamental rights. The rights guaranteed are set out in the Convention itself, and in four supplementary Protocols, Nos. 1, 4, 6 and 7 which some States have accepted. You should read these texts and the accompanying reservations. 2. If you consider that one of the States on the enclosed sheet has to your personal detriment violated one of these fundamental rights, you may complain to the Court. However, the Court can only deal with complaints relating to the rights listed in the Convention and Protocols. It is not a court of appeal from national courts and cannot annul or modify their decisions. Nor can it intervene directly on your behalf with the authority you complain about. 3. The Court can only receive complaints against the States listed on the enclosed sheet and cannot deal with complaints about events before certain dates. The date varies according to the State concerned and according to whether the complaint concerns a right cited in the Convention itself or in one of the Protocols. 4. You can only complain to the Court about matters which are the responsibility of a public authority (legislature, administration, courts of law, etc.) of one of these States. The Court cannot deal with complaints against private individuals or private organisations. 5. Before applying to the Court you must have tried all remedies in the State concerned which could redress your complaint. This includes bringing your complaint before the highest court which can deal with it. (However if you complain of a court decision such as a conviction or sentence, it is not necessary to try to re-open your case after you have been through the normal appeal procedures in the courts.) You should make correct use of the available remedies and comply with the time limits and procedural rules. If, for instance, your appeal is rejected because it is too late or because you have not used the proper procedure, the Court probably could not examine your case. 6. After decision of the highest competent national court or authority has been given, you have a six month period within which you may apply to the Court. If your complaint relates to a court conviction or sentence, this period runs from the final court decision in the ordinary appeal process and not from the date of any later refusal to re-open your case. Unless you have submitted details of your complaint, at least in summary form, within the six month period, the Court will not be able to examine your case. II. HOW TO APPLY TO THE COURT 7. If you consider that your complaint does concern one of the rights guaranteed by the Convention or its Protocols, and that the conditions referred to above are satisfied, you should first send a letter containing the information mentioned below to the Registrar of the Court at the following address: The Registrar European Court of Human Rights Council of Europe F-67075 STRASBOURG CEDEX 8. In your letter you should: (a) give a brief summary of your complaints; (b) indicate which of your Convention rights you think have been violated; (c) state what remedies you have used; (d) list the official decisions in your case, giving the date of each decision, the court or authority which took it, and brief details of the decision itself. Attach to your letter a copy of these decisions. No documents will be returned to you. Thus it is in your interest only to submit copies, not the originals. 9. The Registrar will reply to your letter. You may be asked for more information or documents or for further explanation of your complaints. You may be informed how the Convention has previously been interpreted in similar cases and if it appears that there is an obvious obstacle to the admissibility of your complaint, you may also be advised of this. However, the Registrar cannot advise you about the law of the State against which you complain. 10. If it appears from your correspondence with the Registrar that your complaint is one which could be registered as an application and you wish this to be done, you will be sent the necessary document on which to submityour formal application. After you have completed and submitted this, it will be brought to the attention of the Court. 11. You will be informed by the Registrar of the progress of your case. The proceedings are in writing at the initial stage. There is no point, therefore, in coming yourself to the Court's offices. 12. If possible, instruct a lawyer to present your case for you. At a later stage in the proceedings, if you have insufficient means to pay a lawyer's fees, you may be eligible for free legal aid. But legal aid cannot be granted at the time when you lodge your application. | in certain circumstances — за деяких обставин receive complaints — отримувати скарги secure fundamental rights — гарантувати основні права set out — викладати supplementary Protocols — додаткові Протоколи the accompanying reservations — застереження, що супроводжують їх annul or modify — скасовувати або змінювати intervene —втручатися on your behalf — від вашого імені available remedies — наявні засоби comply with the time limits and procedural rules — дотримуватися обмежень щодо часу та процесуальних норм relate to a court conviction or sentence — стосуватися засудження судом чи покарання submit details of your complaint — подавати деталі вашої скарги at least in summary form —принаймні у стислому вигляді submit copies, not the originals — подавати копії, не оригінали obvious obstacle to the admissibility of your complaint — явна перешкода прийнятності вашої скарги submit а formal application — подавати офіційну заяву there is no point in coming yourself — немає смислу приїздити особисто insufficient means — недостатні кошти be eligible for free legal aid — мати право на безоплатну правову допомогу |
Activity 2. Read the information carefully, paying attention to the words and phrases in bold. Check your knowledge of the basic vocabulary looking at their Ukrainian equivalents in the margin.
Activity 3. You have arrived at the Registry of the European Court of Human Rights in Strasbourg. Jot down the questions you might ask in order to clarify some points a) about the exhaustion of domestic legal remedies; b) about the six-month rule; c) legal aid to your client.
Activity 3. Your client’s right to peaceful enjoyment of his possessions has been violated. Write an application to the European Court of Human Rights on his behalf. What other substantive Articles of the Convention can be invoked, in addition to Article 6 and Article 1 of Protocol 1?
Дата публикования: 2015-02-18; Прочитано: 288 | Нарушение авторского права страницы