Strasbourg Court

Highest Authority for the Protection of Human Rights

European Court of Human Rights

Strasbourg Courtroom, France

The European Court of Human Rights in Strasbourg is the most powerful international mechanism for the protection of human rights — the last hope for individuals harmed by the State.

What is the Strasbourg Court?

The European Court of Human Rights (ECHR) was established in 1959 in Strasbourg, France. It considers applications submitted by individuals, organizations, and States alleging that a Council of Europe member State has violated their rights guaranteed under the European Convention on Human Rights.

Georgia has been a member of the Council of Europe since 1999; therefore, Georgian citizens have the right to apply to the Strasbourg Court in the event of a rights violation by the State.

When Can You Apply to the Court?

1. Exhaustion of all domestic remedies

Before applying to Strasbourg, you must exhaust all judicial remedies in Georgia — the court of first instance, the court of appeals, and the Supreme Court. The Court will accept an application only after domestic remedies have been exhausted.

1. Compliance with the 4-month time limit

You must lodge an application with Strasbourg within 4 months of the final domestic decision. Missing this deadline is grounds for the application to be declared inadmissible.

1. Violation of a right guaranteed by the Convention

The State must have violated a specific right protected by the European Convention on Human Rights. The most frequently examined are: the right to life (Art. 2), prohibition of torture (Art. 3), right to a fair trial (Art. 6), respect for private life (Art. 8), and protection of property (Protocol 1, Art. 1).

1. Violation committed by the State

In Strasbourg, applications can only be lodged against a State — complaints against private individuals or companies are inadmissible. The State is responsible for the actions of courts, police, the penitentiary system, or other state bodies.

1. Significant disadvantage

Following the 2010 reform, the Court examines whether the applicant has suffered a significant disadvantage. Minor, formal violations that do not cause serious prejudice may be declared inadmissible.

What is the Impact of the Court's Judgment?

The judgment of the Strasbourg Court is binding on the State. In the event of a favorable outcome, the State is obligated to pay you just satisfaction — compensation for damages, costs, and expenses.

Furthermore, judgments of the Strasbourg Court carry precedential value — influencing domestic legislation and state practice.

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