Human rights litigation

Direct representation of human rights victims at national and international level.

The Centre receives requests for legal assistance from Russian, Armenian, Ukrainian, Moldavian, Turkish, Turkmen, Kyrgyz human rights lawyers, NGOs and individuals. The Centre prioritizes cases involving violations of fundamental rights and freedoms guaranteed by the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The Centre’s lawyers use special mechanisms of international human rights bodies to help those victims who face imminent danger to their lives or the risk of irreversible damage to their well being.

Third party interventions – submission of amicus curiae briefs to international judicial bodies.

European Court of Human Rights

Preparation of ECHR applications and observations

The European Court of Human Rights is considered to be the most effective regional international human rights court. As Pope Francis stated, it is ‘Europe’s conscience’ in respect of human rights.  Applying and interpreting the provisions of the European Convention on Human Rights in specific cases, the Court has developed a body of comprehensive case-law, making a significant contribution to international human rights law and establishing higher standards for the protection of fundamental human rights and freedoms throughout Europe.

Since its establishment, the Court has examined nearly 800,000 applications and has delivered more than 20,000 judgments finding at least one violation of rights and freedoms guaranteed by the Convention and its protocols.

From its inception, the Centre has been representing individuals, groups of individuals, and entities whose rights and freedoms have been infringed by government bodies and other public authorities. The Centre’s law specialists have extensive experience in drafting, lodging and litigating complaints on behalf of human rights victims with international and national courts.

The Centre has represented hundreds of human rights victims before the European Court of Human Rights. The legal experts of the Centre have won nearly 500 cases before the European Court of Human Rights and more than 500 are pending before the Strasbourg Court. Of all cases resulting in judgments against Russia, some 20-30%  per year are cases brought and litigated  by the Centre. Its lawyers provide consultations in pre-application stage, lodge application forms on behalf of human rights victims, draft and submit memoranda in post-communication phases, and present oral arguments at hearings before the Court.

The Centre’s lawyers help human rights victims to challenge human rights abuses in many areas, including: right to life; right to liberty and security; right to be free from torture; right to a fair trial; right to private and family life; freedom of expression; freedom of assembly and association; freedom of thought, conscience and religion; right to an effective remedy; right to property; right to free elections; and right to education.

To maximize the admissibility and persuasiveness of an application to the European Court of Human Rights, it is highly recommended to contact the Centre from the very outset of proceedings before the national authorities.

While we make our submissions in the Court’s official languages, English or French, we are able to communicate with applicants and review documents in Russian, Armenian and Ukrainian languages. To request legal representation, kindly write to us, inserting the title “Representation”, and the Centre’s legal experts will respond if the request is within the scope of our mission and activities.

Execution of ECHR judgments

The European Convention on Human Rights and Fundamental Freedoms (hereinafter “ECHR”) is a major human rights protection instrument of the Council of Europe and the execution of the judgments of European Court of Human Rights (hereinafter “the Court”) constitutes an integral part of the ECHR.

Article 46 of the ECHR obligates State parties to execute the final judgments of the Court and authorizes the Committee of Ministers of the Council of Europe to supervise the execution of the Court decisions.

The ECHR has the strongest enforcement mechanisms compared to other international human rights treaties. However, the problem of non-execution and/or delay in the implementation of the Court’s decisions is a major obstacle to effective protection of human rights and freedoms in Contracting States of the Council of Europe.

Only effective implementation can transform the Court’s judgments in favor of applicants from purely moral victories into real and concrete reforms of laws and practices that would benefit other similarly situated victims and prevent repetition of the same violations.

Assistance in prompt and effective execution of the Court’s judgments and decisions is one of the Centre’s top priorities. The Centre addresses the execution of both individual and general measures under Rule 9 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and friendly settlements. We provide help and support to both victims of human rights violations and other organizations, and at both national and international levels.

Members of the Centre’s legal staff have extensive experience in this area and have seen concrete positive results. This work is also facilitated by the Centre’s physical proximity to the Committee of Ministers in Strasbourg.

To seek assistance in submission of communications to the Committee of Ministers under Rule 9 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements, kindly write to us, inserting the title “EC(t)HR Execution” and the Centre’s legal experts will respond if the request is within the scope of our activities.

UN Human Rights Committee

Preparation of applications and communications

Execution of views

The International Covenant on Civil and Political Rights (hereinafter ICCPR) is the major universal human rights protection instrument. The implementations of the views and general comments/recommendations of the UN Human Rights Committee is a powerful engine for the development of human rights and freedoms.

All State parties that signed and ratified Optional Protocol 1 to the ICCPR are obligated to ensure that any person whose rights or freedoms recognized by the ICCPR are violated shall have an effective remedy. These State parties are required to enforce such remedies when granted, including those awarded by the UN Human Rights Committee.

In spite of the efforts made to establish a system for effective execution of the views of the UN Human Rights Committee, the problem of non-execution and/or delay in the implementation of the Committee’s views remains a major obstacle to effective protection of human rights and freedoms in the UN Member States.

Assistance in obtaining effective execution of the views of the UN Human Rights Committee is a high priority for the Centre. The Centre provides its help and support to victims of human rights violations, as well as to its partner organizations, at both national and international levels.

To seek assistance in the preparation of submissions on execution of the views of the UN Human Rights Committeekindly write to us, inserting the title “UN Execution”, and the Centre’s legal experts will respond if the request is within the scope of our mission and activities.

“Views” are the decisions of the UN Human Rights Committee on individual applications

“General recommendations/comments” are a treaty body’s interpretation of human rights treaty provisions, thematic issues or its methods of work. General comments/recommendations often seek to clarify the reporting duties of State parties with respect to certain provisions and suggest approaches to implementing treaty provisions.