European Court of Human Rights Individual Application

The European Court of Human Rights (HAM) is a court established to supervise the implementation of the European Convention on Human Rights and to enable individuals to apply for alleged violations of their human rights. Individual application refers to a mechanism that offers the possibility of applying directly to the HAM without exhausting the courts of the member states.

Important points about the Individual Application of the European Court of Human Rights:

1. Definition and Purpose:

– An individual application to the HAM allows individuals to apply to the court to remedy this violation if they believe that their rights as defined under the European Convention on Human Rights (ECS) have been violated.

2. Application Requirements:

– Applications must meet certain conditions:

– The applicant must be a national of one of the States Parties to the Convention.

– The claim of infringement must be based on a right or freedom protected in the AHS.

– The application must cover a right belonging to the applicant.

– The application must be made in cases where all domestic remedies in national courts have been exhausted.

– The application must be submitted within 6 months until the date of application.

3. Application Process:

– The individual application is made with a written petition to the HAM. In the application petition, it is expected that a detailed explanation of the violation allegations will be made and the necessary documents will be submitted.

4. Evaluation of the Application:

– Applications are evaluated by HAM primarily according to the admissibility criteria. If the application is accepted, the violation and evidence will be evaluated.

5. HAM’s Decision Process:

– When HAM accepts the application, it is free to examine the details of the case and make a decision. In accordance with the provisions of the Convention, the Court may decide that the State concerned has violated this application.

6. Mandatory Enforcement of Decisions:

– The decisions made by HAM are binding. Member states are obliged to comply with the decisions made.

7. Consequences of Infringement Determination:

– If the HAM finds a violation, it may advise the relevant state to remedy the violation. In addition, the court may make decisions on the claim for compensation.

8. Claims:

– HAM may make decisions in which individuals have the opportunity to claim pecuniary or non-pecuniary damages in order to compensate for the damage they have suffered due to the violation.

9. Impact and Recommendations:

– HAM’s decisions have a positive impact on the national law and human rights practices of the member states. At the same time, it helps to raise public awareness of the protection of human rights.

10. International cooperation:

– HAM cooperates with member states to improve human rights practices in Europe and makes recommendations to remedy errors.

The individual application to the European Court of Human Rights is critical for the protection of the human rights of individuals. This mechanism plays an important role in protecting the rights of individuals, ensuring better human rights practice and establishing justice in the international arena.

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