I can check an application to the ECHR prepared by you or someone else if there is any doubt as to whether it complies with the requirements. For checking, you can submit an application form with claims against any member state of the Council of Europe or Russia in any of the 37 official languages of these countries. You will get the results in English with a translation into another language of your choice. It will be done using DeepL, a translation service based on convolutional neural networks widely deployed in my multilingual work. What if I don’t have a completed application form? In this case, I can assess the prospects of a successful application to the ECHR and prepare an appropriate application form if these prospects are good enough for you. Is there any point in checking an application form already sent to the ECHR for compliance with the requirements? Yes, there is a certain point to it. Sometimes, the applicant can “correct” the problematic application form sent to the ECHR by submitting a complement to it before the case examination begins. The time-limit for lodging an application with the ECHR may not have expired. In such a case, sending another application form to the ECHR may be possible, even if the problematic application form contains the same claims and possibly even if the ECHR has already declared the respective application inadmissible. I can explain why the ECHR took this decision if it needs clarification.
The check allows you to understand whether the author of the application form has made errors that are likely to result in the refusal to register the application or to adversely affect the outcome of the examination of the application. After checking an application form, I will tick whether I have discovered any such errors on this checklist.
In point 2, I refer to significant deviations from the requirements for completing the application form that will likely result in the refusal to register the application, for example, leaving fields of the application form that are required to be filled in blank. In points 5, 6 and 9, I refer to significant errors, inconsistencies, problems, and violations of the rules of logic, which may compromise the substantiation of the alleged violations and the proof of fulfilment of the admissibility criteria and thus adversely affect the outcome of the examination of the application. Under points 4, 5.2, 5.3, and 6.2—6.7, I answer the questions separately for each identifiable claim (alleged violation). Under point 7, I answer the question separately for each applicant, each representative and each alleged violation. Under point 8, I answer the question separately for each applicant and each alleged violation. Under point 9, I usually note problems with the remaining admissibility criteria. For example, the absence of significant disadvantage suffered or the abuse of the right to apply to the ECHR. For example, the absence of significant disadvantage suffered or the abuse of the right to apply to the ECHR.
Checklist for an application form
| What is being checked? | The results (“No” is good; “Yes” means I found at least one significant problem of the type) |
|---|---|
| (1) Did the author use an application form that was invalid either at the time it was sent to the ECHR or when I was checking it if it was not sent? | |
| (2) Have I identified any significant deviations from the requirements for filling in the application form (and any addenda)? | |
| (3) Have I discovered that there are no copies of any documents required to be attached to the application form or reasonable explanations for the impossibility of obtaining them? | |
| (4) Have I found claims in the application form that indisputably fail to fulfil the admissibility criteria concerning the subject matter (acts or omissions complained of), the State (person) complained of, and the time or place of the commission of the alleged violations? In particular, has the author complained of violations of rights and freedoms | |
| (4.1) not guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto ratified by the respondent State; or which were | |
| (4.2) committed by a State which is not a party to the Convention; or | |
| (4.3) by a person for whom the respondent State could not be held responsible; or | |
| (4.4) where the Convention or the Protocol was not in force for the respondent State; or | |
| (4.5) where the territory concerned was outside the jurisdiction of the respondent State? | |
| (5) Have I found any significant violations of the rules of formal logic in | |
| (5.1) the statement of facts; | |
| (5.2) the substantiation of the alleged violations; and | |
| (5.3) the proof of fulfilment of the admissibility criteria? | |
| (6) Have I found significant inconsistencies between | |
| (6.1) the content of the accompanying documents and the statement of facts (in any section of the application form); | |
| (6.2) the substantiation of the alleged violations and the statement of facts; | |
| (6.3) the above substantiation and the applicable established case-law of the ECHR; | |
| (6.4) the proof of exhaustion, or lack of, domestic remedies and the statement of facts; | |
| (6.5) the above proof and the applicable established case-law of the ECHR; | |
| (6.6) the proof of compliance with the time-limit for lodging an application with the ECHR and the statement of facts; or | |
| (6.7) the above proof and the applicable established case-law of the ECHR? | |
| (7) If the applicant is not a victim of the alleged violation or the representative of the applicants is not acting based on the authority form that should be a part of the application form and should be signed by that applicant, have I established that the application form lacks a justification for the right to apply to the ECHR that is consistent with the statement of facts, the applicable established case-law of the ECHR, and logic? | |
| (8) Have I established that the application form lacks a justification for having or continuing to claim the victim status that is consistent with the statement of facts, the applicable established case-law of the ECHR, and logic where the above status appears to be in dispute? | |
| (9) Have I identified any other significant errors? (If so, what are they?) |
The cost of a basic check of the application form for compliance with the requirements is €500. This price does not depend on the respondent States, the language in which the application form is filled in, the number of alleged violations, the pool of applicants, the volume of the accompanying documents or the number of errors I eventually discover. I do not promise to mention and explain every problem I find or to count the total number of errors, including by type, in a basic check of the application form for compliance with the requirements. Sometimes it is possible to find the time to provide some or even all of the necessary clarification in the two and a half hours or so I allow to check an application form. If this happens, I will offer them as a bonus. When significantly more time is needed to prepare full explanations for all the problems I find, I will send you the completed checklist and let you know how much it will cost to prepare the remaining explanations (this is always my estimate of the time needed, multiplied by a rate of €200 per hour). The remaining explanations can then be ordered separately if you wish.
Sometimes, checking the application form could reveal so many significant problems that it would take considerable time to explain. So, instead of an explanation, you can always order an assessment of the prospects of a successful application to the ECHR. I can prepare a new application form if you are satisfied with the prospects.
If you are absolutely certain that the content of your application form is so straightforward and concise that less than two and a half hours would definitely be required to check it, or alternatively, if you realise that the situation is so complex and problematic that two and a half hours would clearly be insufficient, you can ask me to carry out the check on an hourly rate basis rather than on a fixed fee basis. Just let me know in the field for comments when you order this service.
Checking for compliance with the requirements does not include correcting a problematic application form or deciding whether it is possible. Why? Incorrect filling in of an application form is often due to problems with the content of the application form. For example, errors in the authority form, which is a part of the application form, may conceal problems with the admissibility criteria relating to the victim status or the right of one person to apply to the ECHR on behalf of another. By failing to attach copies of the required documents, the author of the application form may also have overlooked the crucial content of these documents in preparing the statement of facts, the substantiation of the alleged violations, and the proof of fulfilment of the admissibility criteria. On the other hand, the inclusion in the application form of alleged violations of the rights of the person not named as an applicant may require the application form to be completed on behalf of that other person as an additional applicant. Sometimes, the application form submitted for checking contains a description of circumstances that could be used to prove alleged violations before the ECHR. In some cases, it can be argued that potential claims relating to these alleged violations fulfil the admissibility criteria. However, the sections of an application form are interrelated. Almost every significant error requires, to correct it, a redrafting of the statement of facts, a new substantiation of the alleged violations, and a revision of the proof of fulfilment of the admissibility criteria. It is, therefore, no longer a question of “correcting” the application form. It is a matter of preparing a new application form, the completion of which would comply with all the requirements and the content of which would be consistent with all required and other crucial documents and with the applicable established case-law of the ECHR. Moreover, the application form may not identify some of the violations of the rights that I can see from the documents and in respect of which all the admissibility criteria could be fulfilled. I often need to refer to additional documents not attached to the application form to establish this. In some cases, this should also be done for the alleged violations in the application form. Consequently, an assessment of the prospects of a successful application to the ECHR is required, the results of which serve as a basis for preparing a new application form. Of course, it may occasionally happen that all the significant problems with an application form are purely “technical” errors that can be quickly and easily corrected. You can then do this yourself with the help of my explanations.
It is best to submit the application form for checking in precisely the same form you intend to send or have already sent to the ECHR, including all accompanying documents. But still, suppose I received an application form without signatures in fields 33, 35, 53, 55 and 73 or dates in fields 34, 36, 54, 56 and 72. In this case, I will always assume that the signatures and dates (where required) will be placed in these fields and will not note their absence. Suppose the application form or accompanying documents are provided as photocopies or scans (i.e., files containing “images” of document pages). In that case, they should be legible so that, if necessary, optical character recognition software can convert them into machine-readable text for translation into another language and for quick and efficient searches for important information (actually, this is one of the requirements for accompanying documents to the application form, which is set out in the Notes for filling in the application form). Can I submit a partially filled-in application form for checking? You can submit an application form for checking with only some accompanying documents or none of them, with deliberately left blank fields that should be filled in, or even with some changes to the content (e.g. with the personal data omitted) as long as you confirm that you are aware how this may adversely affect the application form check. It would only be possible to check the statement of facts and the proof of fulfilment of the admissibility criteria for completeness and consistency with all the accompanying documents if the latter were provided. Also, if you submit an application form for checking with some fields blank, I will not explain how to fill them in, only that you should do so.
You can order to check the application form by completing and submitting the order form directly from this page. Within 24 hours, I will send you a signed contract in English (sometimes with a translation into another language for your convenience). Once you have received the contract, you should sign it online, directly in your browser or mobile device, using Adobe’s Acrobat Sign service, where authentic copies of all signed contracts are stored and always available to the parties (no additional software installation required). I will then check the application form and email you the results, usually within one calendar week. Suppose I need more time in a certain period. In that case, I will always give you a reasonable and specific completion date ahead of time. Please let me know in the field for comments if you need the results sooner. I will then respond if I can accommodate your request. You will then pay for my services by transferring funds to my Swiss bank account using the details provided in the contract. Are there other payment options available? On request, you can pay by an internal transfer in Russian roubles, which may be convenient for residents of Russia who cannot pay in euros, as well as by a transfer in various currencies to my accounts in a Kazakh bank, which may be convenient for those living outside Europe and Russia. Please write your wishes about the payment method in the field for comments of the order form on this page.