Strasbourg Court: Human Rights Guardian
The Strasbourg Court, formally the European Court of Human Rights (ECtHR), ensures that European countries honour their obligations under the European Convention on Human Rights (ECHR). The Convention protects essential rights such as the right to life, freedom from torture, the right to liberty and security, a fair trial, privacy and family life, freedom of expression, thought, conscience, and religion, and the peaceful enjoyment of possessions.
The Strasbourg Court protects individuals against unlawful actions by states in sensitive areas such as extradition and expulsion, refugee protection, residency, access to territory, and other immigration matters. Its case law ensures that no one is extradited or expelled to a country where they face torture or ill-treatment, that refugees and asylum-seekers receive real protection from refoulement, and that family and private life are respected in immigration decisions.
1
Human Rights Violation
LEGAL EXPERTISE
Scope of Cases
To apply to the ECtHR, the case must fall within the scope of the European Convention of Human Rights and its protocols. The most common cases in Strasbourg litigation involve alleged violations of Article 3 ECHR (prohibition of torture and inhuman or degrading treatment), which is particularly relevant in extradition and asylum matters.
Articles 5 and 6 ECHR concern unlawful detention and the right to a fair trial and are frequently invoked in cases involving illegal criminal proceedings. Article 8 ECHR (right to respect for private and family life) is often raised where an asylum seeker’s claim has been rejected by migration authorities involving residency refusals, arbitrary detention of migrants, and collective expulsions.
2
WHO CAN APPLY?
In addition to all EU member states, the following countries also fall under the jurisdiction of the Strasbourg Court::
Geography c0e
3
Council of europe
The European Court of Human Rights is an international judicial body of the intergovernmental organization known as the Council of Europe (CoE). The CoE currently has 46 member states, all of which are parties to the European Convention on Human Rights. This means that all member states fall under the jurisdiction of the Strasbourg Court. If your case has been considered in any of these countries—regardless of the requesting extradition country or your nationality—you can apply to the European Court to challenge the final decision of the national courts where your case was examined.
Montenegro
North Macedonia
Norway
San Marino
Serbia
Switzerland
Türkiye
Ukraine
United Kingdom
AlbaniaAlbania
Andorra
Armenia
Azerbaijan
Bosnia and Herzegovina
Georgia
Iceland
Liechtenstein
Moldova
Monaco
Andorra
Armenia
Azerbaijan
Bosnia and Herzegovina
Georgia
Iceland
Liechtenstein
Moldova
Monaco
PROCEDURE
1
2
The applicant must exhaust all effective domestic remedies, which means pursuing all available legal proceedings at the national level, often up to the supreme or constitutional court if necessary. Only after a final decision has been delivered by the highest competent authority can the matter be brought before the Strasbourg Court, and the application must be submitted within four months of that final judgment.
SEEK JUSTICE THROUGH NATIONAL REMEDIES
EXHAUST NATIONAL REMEDIES
The main principle of Strasbourg litigation is its complementary nature, which means that every contracting state is presumed to fulfil its duty to ensure compliance with the Convention in all its actions, including criminal proceedings, asylum considerations, and similar matters. Therefore, the primary requirement is to seek and exhaust all available remedies within the national legal system before bringing a case before the Strasbourg Court.
Admissibility Check
Examination and Judgment
Once the application is submitted, the Court first examines whether it meets all admissibility criteria under the European Convention. This includes verifying whether the case falls within the Court’s jurisdiction, whether all domestic remedies have been exhausted, and whether the application has been filed within the prescribed time limit (4 months). The Court may reject inadmissible applications at this stage without proceeding to a full examination on the merits.
If the application is declared admissible, the Court proceeds to examine the merits of the case. The state concerned is invited to submit observations, and the applicant has the opportunity to respond. A Chamber of judges may then hold a hearing or decide the case based on written submissions. The Court issues a binding judgment, and in urgent situations may grant measures to prevent the performance of the national court ruling.
3
4
4
HOW IT WORKS?
The term of consideration is a maximum of 6 months under regular circumstances, but it can be extended to 1 year and 9 months in cases of uncertainty. In a case of the application decline, an asylum seeker can go to court, that can extend the asylum status and application consideration for a term of 4-15 months. The average term of consideration is typically 2-3 years, with the opportunity to extend it to 3-4 years. If all the evidences have gravy values, the decision can be issued within a year.
RESULT
financial compensation & restitution
When applying for refugee status (UN humanitarian status), it is assumed that the citizen genuinely faces problems in their country of residence and is genuinely seeking asylum, rather than seeking temporary residency in Georgia. Therefore, all asylum seekers must stay in Georgia until an official response to their request is received. Violation of this procedure leads to the annulment of the application for refugee status (UN humanitarian status).
Individual approach
7
COSTS
Legal services in this area are always individual and depend on various factors: the need to collect additional documents proving the necessity of obtaining humanitarian protection in Georgia, grounds for application, family composition, the need for notarization or apostille of documents, the number of court hearings, and more. Currently, the conscription campaign in Russia and the impossibility for citizens of the Republic of Belarus to obtain passports at the Embassy of the Republic of Belarus are significant reasons for seeking state protection in Georgia.Official statistics of the Ministry of Internal Affairs of Georgia are available at this link.
We can guarantee 3 years of permanent residency in Georgia. However, the final acquisition of a UN international passport (UN humanitarian status or refugee status) is not guaranteed and depends on many factors. Although the positive decision statistics for Russian citizens in 2023 were quite favorable.
Throughout the document processing period, the applicant and their family members have the right to reside in Georgia as full-fledged residents, which, in its legal significance, implies permanent residency in Georgia, including all social guarantees.
Throughout the document processing period, the applicant and their family members have the right to reside in Georgia as full-fledged residents, which, in its legal significance, implies permanent residency in Georgia, including all social guarantees.
individual approach
guarantee of 3 years
permanent residency in Georgia
permanent residency in Georgia
Administrative level
If there is a need for appealing decisions in court and analyzing a large amount of material or the complexity of a criminal case from the country of arrival/citizenship.
$2,000
$3,000 - $5,000
european court of human rights strasbourg court council of europe
european coun of human rights strassbourg court council of europe european court of human rights. european court of human rights strasbourg court
This website uses cookies to ensure you get the best experience