Alexander Shadrin, attorney and partner at Barristers LLP, was invited by the Department of Information, Commercial, and Administrative Law at Igor Sikorsky Kyiv Polytechnic Institute to lead a guest lecture for students as part of the course “Case Law of the European Court of Human Rights” in the format of a master class focused on preparing and completing an application to the ECHR.
During the session, using a teaching case and practical examples, the structure of the application form was examined in detail, along with the specifics of filling out each section, the procedure for preparing and submitting attachments, and how to correctly reference them in the text of the application.
Special attention was given to the issue of the exhaustion of domestic remedies in the context of Articles 5 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the requirements for a detailed and structured presentation of the facts of the case.
The speaker emphasized the need to clearly distinguish between the individual violations cited by the applicant. In particular, if a complaint concerns different aspects of Article 5 (for example, paragraphs 5-1(c) and 5-3), each violation must be addressed separately both in the statement of facts and in the section on the exhaustion of domestic remedies. At the same time, it was emphasized that different violations may require different approaches to substantiating the exhaustion of domestic remedies.
It was also clarified that the ECHR application form does not include a separate section for claims for just satisfaction, as such claims are typically submitted at a later stage of the proceedings. However, in the “Other Observations” section, the applicant may include a request for individual measures.
In addition to procedural aspects, the ECHR’s general approaches to interpreting the Convention for the Protection of Human Rights and Fundamental Freedoms were discussed, in particular the classification of rights into absolute and relative rights, as well as the supplementary nature of Articles 13 and 14 of the Convention, which are applied in conjunction with other articles.
During the meeting, the speaker also demonstrated the features of electronic communication channels with the Court (eComms and Rule 39), answered students’ questions, and shared practical recommendations on preparing applications to the ECHR.
We sincerely thank you for the invitation and the opportunity to share practical experience, which is essential for shaping future lawyers as specialists in the field of human rights protection.
Author: Alexander Shadrin, Attorney and Partner at Barristers
Source: Barristers Facebook