Bohdan Khmelnytsky: “The European Court of Human Rights is the last instance of justice for those whose rights have been violated”
The founder and managing partner of Strategic Advocacy Law Firm, Bohdan Khmelnytsky, continues his international business trip, working at the European Court of Human Rights (ECHR). This court is a key institution that ensures the observance of fundamental rights and freedoms within the member states of the Council of Europe. It is here that both …
The founder and managing partner of Strategic Advocacy Law Firm, Bohdan Khmelnytsky, continues his international business trip, working at the European Court of Human Rights (ECHR). This court is a key institution that ensures the observance of fundamental rights and freedoms within the member states of the Council of Europe. It is here that both individuals and legal entities whose rights have been violated can apply, and it is here that decisions are made that become precedents for the whole of Europe.
Every year, more than 30,000 applications are filed with the ECHR, but 80% of them are rejected due to improper paperwork. This once again confirms how important it is to prepare a complaint correctly and substantiate the violation of rights based on the articles of the European Convention on Human Rights.
Most often, people apply to the ECHR for violations of Article 6, which guarantees the right to a fair trial. This is the basis for the largest number of complaints. People complain about delays in court proceedings, unfair court decisions or lack of access to justice.
Article 5, which provides for the right to liberty and security of person, is the second most frequently cited. This refers to unlawful arrests, detention without proper judicial control, and violations of procedures guaranteeing protection against arbitrary deprivation of liberty.
The third most frequently complained about is Article 3, which prohibits torture, inhuman or degrading treatment. People complain about the harsh conditions of detention in pre-trial detention centers and correctional facilities, and the use of physical and psychological violence by law enforcement officers.
The European Court of Human Rights is a real tool for protecting rights, which can not only recognize violations but also oblige the state to eliminate them and pay compensation to the victims. It is a court whose judgments are binding on all Council of Europe member states, including Ukraine.
“Every citizen has the right to protect their rights in international courts. The ECHR is a legal instrument that you need to know how to use. It is important not just to file an application, but to do it correctly, clearly substantiating your appeal, so that it has a chance to be considered and receive a fair decision,” says Bohdan Khmelnytsky.
While at the European Court of Human Rights, he is analyzing real cases and approaches to case consideration, which will allow him to protect the rights of Ukrainians even more effectively at the national and international levels in the future.