How to conduct a case in the European Court of Human Rights?

The course will help students, lawyers and future lawyers, human rights defenders (human rights lawyers) to conduct a case in the European Court of Human Rights in a qualified manner.

Lecturer Tamar Avaliani – Doctor of Law, she has more than 10 years of experience in working as a human rights lawyer and expert-consulting activities in various non-governmental organizations. Since 2010, she has been successfully conducting cases in both the national and European Court of Human Rights. Since 2009, she has been working as a human rights and law researcher in various non-governmental and international organizations. Tamar is the author of about 30 publications and research on human rights and justice issues.

 

Lecture format: online and offline (hybrid)

• After completing the course, you will be awarded a bilingual certificate of the International Black Sea University.
• IBSU students and alumni receive a 20% discount.

 

Course Schedule:

Starts April 15, 2025
Tuesday / Thursday
19:00 – 21:00
8 sessions, 5 weeks

 

Topic 1. European Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional Protocols

• The first topic will review the catalog of rights guaranteed in the European Convention on Human Rights and its Additional Protocols:
• Right to life (Article 2);
• Prohibition of torture (Article 3);
• Prohibition of slavery and forced labor (Article 4);
• Right to liberty and security (Article 5);
• Right to a fair trial (Article 6);
• No punishment without law (Article 7);
• Right to respect for private and family life (Article 8);
• Freedom of thought, conscience and religion (Article 9);
• Freedom of expression (Article 10);
• Freedom of assembly and association (Article 11);
• Right to marriage (Article 12);
• Right to an effective remedy (Article 13);
• Prohibition of discrimination (Article 14);
• Right to property (First Additional Protocol);
• Right to education (First Additional Protocol);
• Right to free elections (First Additional Protocol);
• Prohibition of deprivation of liberty for reasons of insolvency (Fourth Additional Protocol);
• Freedom of movement (Fourth Additional Protocol);
• Prohibition of expulsion of citizens (Fourth Additional Protocol);
• Prohibition of collective expulsion of aliens (Fourth Additional Protocol);
• Death penalty in time of war (Sixth Additional Protocol);
• Procedural guarantees relating to the expulsion of aliens (Seventh Additional Protocol);
• Right to appeal in criminal proceedings (Seventh Additional Protocol);
• Prohibition of repeated trial or punishment (Seventh Additional Protocol);
• General prohibition of discrimination (12th Additional Protocol);
• Abolition of the death penalty in all circumstances (Protocol No. 13);
• Protocol No. 16;
• Absolute and relative rights;
• Convention grounds for restrictions on rights;
• Requests by national courts to the European Court of Justice for advisory opinions (Protocol No. 16 to the Convention)

 

Topic 2. The European Court of Human Rights

• The second chapter will review the structure of the European Court of Human Rights and their competence:
• Single-judge system;
• Committees;
• Chambers;
• Grand Chamber;
• Plenary;
• Secretariat and Rapporteurs;

 

Topic 3. Subjects of individual applications to the European Court of Human Rights

• Subjects of individual applications (individual, group of individuals, non-governmental organization);
• Direct victims;
• Indirect victims;
• Potential victims;

 

Topic 4. Prerequisites for the admissibility of an individual application

• Requirement of exhaustion of domestic remedies;
• Requirement of compliance with the six-month time limit for applying to a court;
• Small video on the admissibility criteria for a complaint https://www.youtube.com/watch?v=mcbDDhs5ZVA&list=TLJOTKYPB5lecNBocYG5HFefUzKqe-X4F6)

 

Topic 5. Circumstances impeding the consideration of an individual complaint

• Manifest unfoundedness;
• Anonymity of the complaint;
• Abuse of the right to file a complaint;
• Complaints containing essentially the same issue;
• Incompatibility of the complaint with the provisions of the Convention;
• Small video on the admissibility criteria for a complaint https://www.youtube.com/watch?v=–PSjIgLm1I&feature=youtu.be

 

Topic 6. Grounds for striking a complaint out of the list of cases

• Lack of intention of the complainant to pursue the complaint to its conclusion;
• Dispute resolved;
• The absence of any other grounds established by the Court justifying further examination of the application;

 

Topic 7. Communication of the case stage

• Transmission of the application and the attached materials to the respondent State;
• The position of the respondent State;
• The applicant’s views on the position of the respondent State;

 

Topic 8. The essence and importance of friendly settlements

• The following will be analyzed:
• The friendly settlement procedure;
• The importance of the parties’ positions;
• The confidentiality of the procedure;
• The role of the European Court in the friendly settlement process;
• The results of friendly settlements.

 

Topic 9. Unilateral declarations

• The following will be discussed:
• The procedure for unilateral recognition;
• The results of unilateral recognition;

 

Topic 10. Referral to the Grand Chamber and the prerequisites for admissibility

• The following will be discussed:
• The competence of the Grand Chamber;
• The prerequisites for admissibility of a case in the Grand Chamber;
• The finality of the Grand Chamber’s decision;

 

Topic 11. Just satisfaction:

• Monetary and non-pecuniary (moral) damage;
• Compensation of taxes and expenses;

 

Topic 12. Right to a defence

• Types of representation of victims;
• Involvement of a lawyer, his role and importance;

 

Topic 13. Interim measures

• Rule 39 of the Rules of Court;
• Subjects of the application;
• Conditions for the application of an interim measure
• Clearly serious threat of irreparable harm;
• Inevitability of the harm;
• Probability of the arguments in the case (as assessed initially);

 

Topic 14. Binding force of the judgment of the European Court and its enforcement

• The Committee of Ministers of the Council of Europe – the body supervising the enforcement;
• The obligation of the respondent state to take general measures;
• The obligation of the respondent state to take individual measures;

 

Topic 15. Consideration of interstate cases in the European Court of Human Rights

• Rules and procedure for considering interstate cases

 

Topic 16. Practical rules for filling out a complaint

• Practical work on filling out the complaint form (work on the current complaint form);
• Short video tips on filling out a complaint https://www.youtube.com/watch?v=mA_iGhvxYFM&feature=youtu.be

 

Summary test

Training venue: International Black Sea University

Address: St. Tbilisi, David Agmashenebeli Alley, 13th km, N2

Contact information:

E-mail: training@ibsu.edu.ge
Tel: +995 322 800 064

 

Registration: https://forms.gle/tD4j51LFgKRTnuWBA

 

Course fee 420 GEL

 

Bank details

TBC Bank
Bank code: TBCBGE22
Recipient name: International Black Sea University LLC
Recipient account number: GE52TB7505036080100001
Indicate the word “Training” in the subject field.