Common Mistakes in ECtHR Applications

In applications lodged with the European Court of Human Rights (ECtHR), the most common mistakes may result in the application being rejected on procedural grounds or declared inadmissible without any examination of its merits.

The following section outlines the principal issues applicants should pay particular attention to, together with the mistakes most frequently encountered during the application process.

Mistake 1: Not Using the Court’s Current Application Form

Applicants must use the most recent official application form of the Court.

The form must be downloaded directly from the ECtHR website. This ensures that the applicant provides all the information required by the Court for the examination of the complaint.

At the end of the current form, there is a barcode that facilitates the direct transfer of the applicant’s information into the Court’s database.

Old or outdated forms are not accepted. The latest version should therefore always be used.

Mistake 2: Leaving the Application Form Incomplete

The Court requires the summary of facts, the alleged violations, and the domestic remedies exhausted to be set out directly in the application form.

The following sections of the form must be completed:

It is not acceptable to leave these sections blank and state that the information is “explained in the attached documents”.

Additional explanations may be submitted if necessary, but they must not exceed 20 pages and must not contain new complaints.

The Court must be able to understand the facts, the rights alleged to have been violated, and the remedies exhausted by reading the form alone.

Mistake 3: Failure to Attach Essential Decisions or Documents

The applicant must support the complaint with written evidence.

The Court does not assess a case solely on the basis of the applicant’s statements.

For example, if the complaint concerns unlawful detention, a copy of the detention order must be attached.

Translations do not replace the original document.

If a document cannot be obtained, this must be explained in the form, and reasonable efforts made to obtain the document, such as petitions or requests, should be attached.

If no document is submitted and no explanation is provided, the Court will treat the document as if it does not exist.

Mistake 4: Failure to Submit Documents Relating to Domestic Remedies

The applicant must have raised the complaint before the national courts and exhausted all available domestic remedies.

For this reason, not only the final decision, but also court decisions from all stages of the proceedings, such as first instance, appeal, and cassation decisions, as well as the petitions submitted at those stages, including appeal and cassation petitions, should be attached.

If a document could not be obtained, this must be stated in the form and the efforts made to obtain it must be proven.

The application must be submitted within four months after the final decision. In order for this time limit to be calculated, a dated copy of the decision or proof of notification must be submitted.

If no remedy is available, the application must be submitted within four months from the date of the act, event, or decision complained of, and written evidence of those dates must be attached.

Mistake 5: Sending an Application Form Without an Original Signature

The ECtHR application form is an official document producing legal consequences.

The form must contain the original handwritten signature of the applicant or, where applicable, the applicant’s lawyer.

A photocopied or scanned signature is not accepted.

Application forms sent by fax or email are invalid.

The form must be sent by post with the original handwritten signature.

Note:

If the applicant is in prison, even if a restriction order has been issued against them, they may submit an application to the ECtHR in their own name. Restrictions under national law do not remove the right of individual application to the ECtHR; the Court accepts the applicant’s personal signature as valid.

Mistake 6: Leaving the Section on Alleged Violations Blank

The applicant must clearly state which rights they believe have been violated.

The Court cannot determine this automatically from the documents or facts.

The applicant should identify the Convention Article alleged to have been violated and briefly explain, in a few short sentences, which act or measure caused the violation.

Examples:

Article 3: I was kept handcuffed in an unheated cell and was not given food for three days.

Article 5: I was detained for three days without reasons being given and without my lawyer or family being informed.

Article 6: The proceedings lasted 9 years and 8 months, and I was not allowed to examine a witness.

Article 8: My daughter was adopted without my consent; my right to family life was violated.

The Court must be able to understand clearly what the applicant is complaining about; it is not required to guess.

Mistake 7: Leaving the Domestic Remedies Section Blank

Section G of the form is mandatory for showing which remedies the applicant used in domestic law.

The name of the court, the date of the decision, and a short summary of the decision should be written.

Examples:

Article 5: The Court of Cassation rejected the objection on 5 December 2013.

Article 6: The first-instance court dismissed the case on 3 April 2012; the appeal court upheld the decision on 4 December 2014.

If no remedy was available or if the remedy was ineffective, this should be briefly explained in the form.

Mistake 8: Failure to Indicate the Respondent State

The applicant must clearly indicate in the form the Contracting State responsible for the alleged violation, for example Türkiye.

The Court’s jurisdiction depends on this information.

At least one Contracting State must be selected in the form.

The Court is not required to infer from the documents which State the application is brought against.

Mistake 9: Failure to Attach a List of Documents

At the end of the form, all documents attached to the application must be listed.

This list should include the type of document, its date, page number, and a brief description.

Documents should be listed in chronological order.

If the list is incomplete, the Court may be unable to locate the documents and the application may be rejected on the ground that the file is incomplete.

Mistake 10: Incorrect Completion of the Authority Section

If the applicant is represented by a lawyer or representative, this must be indicated in the authority section of the application form, and both the applicant and the representative must sign that section.

It is not necessary to submit a separate authority document; it is sufficient to complete the relevant section correctly.

If a signature is missing, the application will not be considered valid.

Mistake 11: Sending the Form at the End of the Four-Month Time Limit

If the form is incomplete or documents are missing, the application may be rejected.

If the form is sent at the very end of the four-month period, there may be no opportunity to submit a second, corrected form.

The form should therefore be sent as soon as possible after the final decision.

Early submission allows deficiencies to be corrected and reduces the risk of rejection.

Mistake 12: Resubmitting Only Missing Documents After an Incomplete Application

If the first application form was rejected as incomplete, the Court does not keep that form or its attachments.

In such a case, sending only the missing documents is not sufficient.

When making a new application, the applicant must:

download the current form again,

complete the form in full, and

attach copies of all documents again.

An incomplete form or supplementary letters alone do not constitute a new application.

Conclusion and Recommendations

Current form and procedural requirements: Use the ECtHR’s most recent barcode application form, indicate the respondent State, and, where there is legal representation, complete the authority section on the form with the original handwritten signatures of both the applicant and the representative. The form must be sent only by post and with an original handwritten signature; fax and email submissions are not accepted.

The substance of the form must be complete: Complete Sections E (summary of facts), F (alleged violations), and G (domestic remedies) briefly and within the required limits. Clearly state the Article violated and the act or measure that caused the violation. It is not sufficient to write “explained in the attachments”.

Evidence and attachments must be complete: Attach all decisions and petitions from every stage of the proceedings, including the final decision. Include proof of dates and notification. Explain any reasonable efforts made to obtain documents that could not be accessed. Prepare the list of attachments chronologically and with page numbers.

Time limit and reapplication: Strictly comply with the four-month rule and send the application as early as possible. If the application is rejected as incomplete, the previous file is not kept; a new and complete application must be submitted using the current form and all attachments.