Lawyer Pavel PetrovLawyer Pavel Petrov

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Applications to the ECHR against Russia: What to Consider after 16 September 2022

In brief: Russia ceased to be a party to the European Convention on Human Rights on 16 September 2022. The European Court of Human Rights retains jurisdiction over applications against Russia only concerning acts or omissions that could have violated the Convention before that date. Earlier general filing instructions are therefore no longer sufficient.

Check the date of the events first

The key question is when the circumstances occurred. If the alleged violation relates to a period after 16 September 2022, an application against Russia does not fall within the Court’s retained jurisdiction. For events before that date, the other admissibility conditions must still be assessed.

Admissibility of earlier matters

An alleged violation alone does not mean an application will be accepted. The subject of the complaint, procedural requirements, use of available domestic remedies and the time limit all need to be considered. Requirements depend on the particular matter and the Court’s current rules.

Documents and chronology

Keep Russian court decisions, dates of receipt, complaints and replies from authorities, as well as documents supporting the facts. For an international application, the sequence of steps and evidence of remedies already used are especially important.

Do not confuse the ECHR with Russian remedies

An application to an international court does not replace possible steps in Russia, such as appeal, cassation, review or other remedies. The appropriate next step depends on the event dates, subject matter and stage of the Russian case.

Official information

The ECHR explains that it retains jurisdiction over cases against Russia only in respect of facts before 16 September 2022. See the ECHR’s official respondent-government page.

Need to assess applicability?

Prepare the event dates, decisions and materials from the Russian case. This helps determine which remedies may be relevant to the particular situation.