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  5. Appeals & Post-Conviction
  6. ECHR Applications

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ECHRApplications

What is the deadline for the ECHR?

You have 4 months from the final domestic decision (usually the Supreme Court ruling) to file an application.

Can I apply without a lawyer?

You can file the initial application yourself, but procedural rules are strict. For later stages, representation by a lawyer is mandatory.

Is it expensive to apply to the ECHR?

The Court does not charge fees. However, you will need to pay for your lawyer''s services. Legal aid may be available from the Court in later stages.

Can the ECHR overturn a Georgian court decision?

The ECHR cannot directly overturn a verdict, but it can award compensation and its judgment serves as legal grounds to reopen the case in Georgia.

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European Court of Human Rights (Strasbourg) Applications

When the national justice system fails to ensure fairness, citizens of Georgia have a final and crucial hope—the European Court of Human Rights (ECHR) in Strasbourg. This international body reviews complaints regarding violations of rights guaranteed by the European Convention on Human Rights. However, filing an application with the Strasbourg Court is an extremely complex procedure. The Court is strictly rigorous regarding admissibility criteria: statistically, over 90% of applications are rejected before review simply because formal rules or deadlines were not met.

Proceedings in the ECHR require deep knowledge not only of national legislation but also of the Convention and the Court''s case law. The application must be drafted on a specific form, in a specific language (English or French, though Georgian is allowed at the initial stage), and within a strictly defined timeframe. Without a qualified lawyer, the chance of success is minimal.

What Does the ECHR Application Service Cover?

Specialists on Legal.ge, experienced in working with the Strasbourg Court, offer:

  • Case Prospect Assessment: The lawyer analyzes whether a Convention right has been violated and if it is worth going to Strasbourg. This saves time and resources.
  • Application Preparation: Filling out the official application form to the highest standard, structuring facts and legal argumentation.
  • Interim Measures (Rule 39): In urgent cases (e.g., extradition, health threat in prison), the lawyer requests immediate intervention from the Court to stop the violation.
  • Communication with the Court: Handling correspondence, responding to the Government''s position, and participating in settlement procedures.

Commonly Appealed Violations

Most complaints from Georgia concern violations of the following articles:

  • Right to Life (Art. 2): Failure of the state to investigate murder or excessive force by police.
  • Prohibition of Torture (Art. 3): Ill-treatment in prison or police custody, inhumane conditions.
  • Right to Liberty and Security (Art. 5): Illegal detention or imprisonment.
  • Right to a Fair Trial (Art. 6): Procedural violations, restriction of defense rights, unsubstantiated verdict.
  • Protection of Property (Protocol 1, Art. 1): Illegal confiscation or interference with property.

Deadlines and Procedure

Crucial change: As of February 1, 2022, the deadline for applying to the Strasbourg Court has been reduced to 4 months (previously 6 months) from the final decision at the national level (Supreme Court decision). This means you must contact a lawyer immediately. The court process is lengthy and can take several years, but the outcome—compensation and case revision—is worth it.

Why Choose Legal.ge?

International litigation requires specific linguistic and legal competence. Legal.ge gives you access to lawyers with successful cases in Strasbourg. They ensure your application is professionally prepared so your voice is heard in Europe. Find an international-level defender on Legal.ge.

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