A client approached us with a complicated situation. After exhausting all instances in Ukraine, he believed that his rights had been violated and that the national courts had failed to provide an appropriate resolution. He had a justified desire to go further – namely, to apply to the European Court of Human Rights.
With our help, the client wanted to understand whether this was legally reasonable. And if so, how to prepare properly?
We took on the project because we believe that human rights must be protected – no matter the circumstances!
Want to know the details? Read on…
Project Specifics: Is the Case Suitable for Application to the ECHR?
We understand that the European Court of Human Rights is not an appellate instance. It is not addressed with the aim of appealing decisions of Ukrainian courts. A complaint must be based on a violation of rights guaranteed by the Convention. Therefore, we were faced with the following tasks:
- to verify whether there were grounds for a complaint to the ECHR;
- to assess the real prospects of it being considered;
- to determine the content of the document so that the complaint would not be rejected at the outset.
As a result, we planned to provide the client with a clear and well-reasoned answer – without unnecessary illusions, but also without a blind refusal.
Approach to the Case in the Lawrange Style: Deep Analysis and Clear Result
Application to the ECHR is a serious legal procedure with strict requirements. The “let’s try and see what happens” approach does not work here. Therefore, we immediately undertook a comprehensive analysis. Are there truly grounds for application? Does the case meet the formal and substantive criteria of the Court? What are the real prospects? We proceeded step-by-step to not miss the smallest detail. We examined everything: from facts and documents to the practice of this instance. To be more specific, the action algorithm was as follows:
- We studied the circumstances of the case and the decisions of the Ukrainian courts. We needed answers to these questions: What exactly happened? Which rights could have been violated? What arguments had already been presented in the local courts? After that, we checked whether there was a violation of the articles of the European Convention on Human Rights.
- We assessed the admissibility of the complaint to the ECHR. This was probably the most important stage. Because even if a violation exists, the Court will not accept the complaint under certain conditions. For example, if all national remedies have not been exhausted, if more than 4 months have passed since the final decision, or if the application clearly does not concern the Convention. We checked each of these points and confirmed compliance with the requirements.
- We compared the case with the precedent practice of the ECHR. Acting blindly is not our principle. So, we selected similar cases already reviewed by the ECHR earlier. This allowed us to assess how the Court might interpret the client’s situation. Of course, this is not a guarantee but provides a more realistic assessment of the chances.
- We provided practical recommendations. We did not just confirm to the client that they had grounds to apply to the higher instance. We gave clear advice on preparing the complaint. This included formulating the essence of the violation, the necessary documents, and the correct presentation of facts.
Such a comprehensive consultation gave the client confidence in their actions and became a reliable foundation for further defending their rights.
Result: Realistic Assessment and Readiness for the Next Step
After communicating with Lawrange lawyers, the client was no longer left wondering, “What should I do next?”
He received a clear answer and an action plan, namely:
- A deep and objective analysis of the case.
- A complete legal conclusion regarding the feasibility of applying.
- A list of legal grounds for the complaint.
- Recommendations for further steps.
The client was able to make an informed decision and expressed gratitude for the clarity, structure, and professionalism of the consultation provided.
Do you also believe that your rights have been violated? Are you unsure whether it is worth appealing to higher instances or how to do it correctly? The lawyers of AA Lawrange will help you understand if your case has a chance and what should be done to not lose that chance!
