ECHR AND PROTOCOLS
For a lawyer practicing the Human Rights the most fundamental tool of human rights is the European Convention on Human Rights (ECHR). The ECHR is a document listing the fundamental rights which have to be interpreted in accordance with time and space. It grew slowly and has been systematically completed with protocols. All the fundamental rights are in the ECHR and the additional protocols. Within the Council of Europe a mechanism has been set up to impose the respect of the ECHR, the office of individual requests (next to the interstate complaints).
THE IMPORTANCE OF ECHR & YOUR RIGHTS
THE IMPORTANCE OF ECHR
The ECHR progressively gains prominence, especially when in certain countries as a result of various factors (like the economic crisis, extreme right wing nationalism, the American inspired ‘war on terror’ that certain European States support), the most fundamental human rights (for example expulsion from a country to a country where a person risks torture (article 3 of the ECHR), the detention of a very sick asylum-seeker, which is contrary to article 5 of the ECHR, brutal police actions against demonstrators in breach of their right to freedom of expression, etc.) are no longer guaranteed by the national authorities. The European Court of Human Rights considers the State as one and indivisible. That the violation be attributable to the administrative authority (the executive power) or the judiciary power or the legislative power is of no importance, as long as the conditions of admissibility are respected. Every day member States are condemned for infringement of the ECHR.
If the European Court of Human Rights didn’t exist these infringements would last and we would affect de most essential principles of a constitutional. State which aim to have the Human Rights evolve and not to break them up. It is also the ECHR that allows lodging a national case at European level and to give it the necessary echo. A case that was lost in Belgium was not necessarily rightly lost. Especially in crisis periods the national administrative authorities more often violate the human rights than one would think at first sight imagine in a democratic constitutional State. Also the judges often fail to note the infringements, applying the law as it shouldn’t, or also by neglecting to interpret the law in line with the instrument of de Human Rights referred to above and the result is that many subjects of law are dissatisfied or even frustrated by the national judiciary system. An ideal remedy then is to lodge the case with the European Court of Human Rights on the basis of the individual right of request granted by article 34 of the ECHR.
Each case in which the human rights are being violated is important, yours as well. It is important, in your case, to mention all the human rights that are the issues of the dispute, on the basis of the ECHR and the additional protocols and then to formulate them in the form of a grievance. And here it is important not to lose sight of the admissibility conditions. If the core problem is formulated as a grievance it is important that this grievance be clearly formulated in front of the national judge, in order that this judiciary authority should know that you claim application of a juridical instrument which is of a higher standard than all other national rules, including the Constitution, as this can have an influence on the way the matter is treated and sentenced.
For example a case that cannot be accepted in accordance with the law but is well founded on the basis of the ECHR, so that the judge is to apply the ECHR whereas on the basis of the national law he was not even authorized to do so. If your grievance has already been formulated you have to present it to the national judge, allowing him to note the violation and to have the possibility to note the violation by the offender (police, administration, third persons, lower judiciary instances, etc.) and to award just satisfaction. It only is after the highest courts, has decided on the grievance, except for the exceptional cases where all domestic recourses do not have to be exhausted, that you may within certain terms, bring the case to the European Court of Human Rights.
YOU WANT TO REFER A CASE TO ECHR ?
YOU WANT TO REFER A CASE TO ECHR ?
If you have formulated your grievance on the basis of the European Convention on Human Rights or of the additional protocols and that you or your counselor have respected all the admissibility conditions you can request my intervention via Contact. In the special box you can develop your problem. We will of course examine your grievances together under the ECHR and the additional Protocols and we will verify the admissibility conditions together. After a thorough study of the case I will formulate the matter in the form of one or more grievances and examine if your case constitutes a Human Rights problem. If so, and if the question has been formulated correctly and within the delays with the national judicial bodies, I will examine if all the admissibility conditions have been respected. Just Rights is only intervening at the European Court of Human Rights in Strasbourg, i.e. that he only exceptionally intervenes in national courts
The matters in which we intervene
All matters that can be related to the European Convention on Human Rights.
-Extraditions (In Europe or out of Europe) when the extradition causes a problem in the framework of article 2 of the ECHR (right to life) and/or article 3 (prohibition of torture, inhuman or degrading treatment) (immediate intervention as from the first procedures in ‘Chambre du conseil’)
-Other penal matters, relating to a breach of the right to a fair trial held by article 6 of the ECHR (intervention after the Appeals court, i.e. at the ‘Before Supreme Court’)
-Penal matters in which a complaint has to be filed on the basis of the ECHR (example in case of police violence) (immediate intervention as from the first procedure)
RIGHT OF ASYLUM AND INTERNATIONAL HUMANITARIAN LAW
-Assistance in the framework of asylum procedures (as from the first procedure at the CGRSP)
RIGHT OF THE FOREIGNERS
-Administrative decisions relating to expulsion, as for instance the order to leave the country, when they are contrary to the ECHR, articles 2, 3, 8 (immediate intervention as from the first procedure)
-Administrative detention when it is contrary to the
ECHR, article 5 or 8 (as from arrest)
As far as relating to the ECHR and the protocols (after the ‘Before Supreme Court’)
This list is not intended to be exhaustive.
I can of course exceptionally intervene earlier in the best interests of the case
In 95 percent of the cases, the European Court of Human Rights declares that the claim is inadmissible. It is therefore important to examine the clip on admissibility before applying to the ECHR.
If the clip is insufficient you can read more on the admissibility conditions in the file “Questions and Answers”.
If you still have unanswered questions you will surely find a clear answer in the file “50 questions and answers”.
You can also examine whether your case is admissible with the Just Rights Lawyers.