In addition to all EU member states, the following countries also fall under the jurisdiction of the Strasbourg Court:

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.

PROCEDURE

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.

The Strasbourg Court does more than stop unlawful measures; it also provides redress for harm already suffered. This includes ordering the State to pay financial compensation for both material losses (such as legal costs, loss of income, or property issues) and non-material damage (such as moral suffering caused by detention, fear of extradition, or separation from family). Importantly, ECtHR judgments are binding on States, ensuring that governments not only compensate the applicant but also adopt structural reforms to prevent similar violations in the future.

A favourable ruling from the European Court of Human Rights can have a direct and practical effect on your situation. If the Court finds a violation, the State may be obliged to cancel an extradition or expulsion order, thereby preventing surrender to a country where you would face persecution or ill-treatment. Where criminal or administrative proceedings were unfair, a positive judgment may also lead to the reopening or revision of domestic cases, helping to remove the long-term consequences of unlawful prosecution or detention.

Aida Litigation — International Legal Services
Hontenissestraat 130, 3086KJ Rotterdam
The Netherlands
+31 6 86 11 84 63 hi@aida.ge
VAT / btw-id: NL00535782B67

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