European Mechanisms
The European Court of Human Rights was established pursuant to the European Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force in September 1953, as amended by Protocol No. 11.
Any Contracting State or individual claiming to be a victim of a violation of the Convention may lodge a claim alleging a breach of any of the Convention rights. Individual applicants may submit applications themselves, but legal representation is recommended, and even required for hearings or once an application has been declared admissible. The Council of Europe has set up a legal aid scheme for applicants who do not have sufficient means.
ADMISSIBILITY: In order for a claim to be admissible before the Court, the following conditions must be satisfied:
- The complaint cannot be anonymous;
- The complaint must relate to the conduct of a State that has ratified the European Convention, and the conduct in question must have occurred after the ratification
- All domestic remedies must have been exhausted, or it must be demonstrated that such remedies would have been ineffective;
- The complaint must be filed within six months from the date on which domestic remedies were finally exhausted;
- The complaint cannot be incompatible with the provisions of the Convention or manifestly ill-founded or an abuse of the right of application.
Furthermore, Article 35 (2) (b) of the Convention specifies that the Court cannot deal with an application that is "substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information."
The Court has detailed forms and explanatory materials that explain what information must be supplied when filing a complaint.
EXAMINATION ON THE MERITS: Once a case is determined to be admissible, the Court will put itself at the disposal of the parties to pursue a friendly settlement and/or proceed to a determination of the merits of the complaint. The Court will, on the basis of the evidence provided and through public hearings, make a finding as to the merits of the complaint and a judgment will be issued.
The Court has already determined that complainants whose rights have been violated are entitled to just satisfaction. In some instances, it has found that a finding of a violation in itself constituted 'just satisfaction', in other cases it has awarded both pecuniary and non-pecuniary damages. In respect of claims for the restoration of rights, the Court has ruled that a breach imposes on the State a legal obligation to put an end to the breach and make reparation for its consequences in such a way as to restore as far as possible the situation existing before the breach (restitutio in integrum). However, if restitutio in integrum is in practice impossible, the respondent States are free to choose the means whereby they comply with a judgment in which the Court has found a breach, and the Court will not make consequential orders or declaratory statements in this regard.
PROVISIONAL/INTERIM MEASURES: : Rule 39 of the Rules of Court allows the Court, at the request of a party or any other person concerned, or on its own motion, to adopt interim measures.
The European Committee for the Prevention of Torture
The European Committee for the Prevention of Torture (CPT) was established pursuant to the 1987 Council of Europe European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Committee, by means of visits, examines the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and inhuman or degrading treatment or punishment. Since its establishment, the Committee has undertaken more than 150 visits to places of detention.
The Committee's work was designed to complement the judicial approach of the European Court of Human Rights. It undertakes its preventive work in cooperation with national authorities. After each visit, the Committee will prepare a report on its findings and recommendations and discuss any remedial action with the authorities concerned. Committee reports are confidential though most State Parties have agreed to their publication.
