Procedure After Communication of the Application to the Government
Adversarial Proceedings
1. Submission of the Parties' Observations and Claims for Just Satisfaction
Once an application has been communicated to the Government: The Government is normally invited to submit its written observations to the Court within 12 weeks.
A copy of those observations is then transmitted to the applicant.
Upon receipt of the Government’s observations, the applicant must:
submit written observations in reply within 6 weeks; and
submit all claims for just satisfaction under Article 41 of the Convention within the same time limit.
The time limits granted to the parties are extended only in exceptional circumstances. If it is not possible to submit observations within the prescribed period, a request for an extension must be made before the expiry of the time limit.
Failure to Submit Observations or Claims for Just Satisfaction
If the applicant does not wish to reply to the Government’s observations or to submit a claim for just satisfaction, this should be communicated to the Court in writing before the expiry of the relevant time limit.
Otherwise, the Court may conclude that the applicant no longer intends to pursue the application and may strike the case out of its list under Article 37 § 1 (a) of the Convention.
Claims for Just Satisfaction
A finding of a violation of the Convention or its Protocols does not automatically result in an award of compensation.
Article 41 of the Convention provides that the Court may award just satisfaction only where “the internal law of the High Contracting Party concerned allows only partial reparation to be made” and only “if necessary.”
In certain cases, the Court may conclude that:
the finding of a violation constitutes in itself sufficient just satisfaction; and
no additional monetary compensation is required.
Formal Requirements for Claims for Just Satisfaction
The time limits and formal requirements governing claims for just satisfaction are set out in Rule 60 of the Rules of Court.
The relevant provision states:
“Rule 60 – Claims for Just Satisfaction
If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.
The applicant must submit a specific claim to that effect and itemise all claims, together with the relevant supporting documents, within the time limit fixed for the submission of observations on the merits, unless the President of the Chamber directs otherwise.
If the applicant fails to comply with these requirements, the Chamber may reject the claims in whole or in part.”
Accordingly: The Court requires claims for just satisfaction to be specific, reasoned, and supported by documentary evidence.
Failure to comply with these requirements may result in no compensation being awarded.
Even if a claim for compensation was included in the application form, it will be rejected if it is not resubmitted at the appropriate stage of the proceedings or is lodged after the prescribed time limit.
Substantive Requirements for Claims for Just Satisfaction
Under Article 41 of the Convention, the Court may award compensation in respect of:
a) Pecuniary damage;
b) Non-pecuniary damage;
c) Costs and expenses.
General Principles Relating to Damage
A clear and direct causal link must exist between the alleged violation and the damage claimed.
The Court does not award compensation on the basis of speculative, weak, or indirect connections.
Compensation may be awarded only for damage resulting from the violation found by the Court.
No compensation is awarded in respect of complaints declared inadmissible or allegations in respect of which no violation has been found.
The Court’s purpose is to compensate the applicant for the damage actually suffered, not to punish the respondent State.
Accordingly, claims for punitive, aggravated, or exemplary damages are rejected.
Pecuniary Damage
The purpose of compensation for pecuniary damage is, as far as possible, to restore the applicant to the position he or she would have been in had the violation not occurred.
Pecuniary damage includes:
Actual loss: financial losses actually incurred.
Loss of earnings: future loss of income or profits.
The applicant must demonstrate that the pecuniary damage claimed resulted directly from the violation.
The applicant should therefore provide:
evidence that the damage occurred;
the amount claimed; and
supporting documents such as invoices, reports, contracts, or other relevant evidence.
Where the damage can be calculated, the Court generally awards full compensation. If the precise amount cannot be determined, the Court may assess the damage on an equitable basis. Where the applicant’s own conduct contributed to the damage, the Court may reduce the amount awarded.
Non-Pecuniary Damage
Non-pecuniary damage concerns losses that are not financial in nature.
Examples include:
mental or physical suffering;
distress, anxiety, fear, or emotional stress.
The amount of non-pecuniary damage cannot be calculated precisely.
If the Court is satisfied that such damage has been suffered and considers a monetary award appropriate, it determines an equitable amount in accordance with its case-law.
Applicants seeking compensation for non-pecuniary damage should specify the amount claimed.
Where more than one violation is alleged:
a single global amount may be claimed; or
separate amounts may be claimed for each individual violation.
Costs and Expenses
The Court may award reimbursement of costs and expenses incurred for the purpose of preventing or remedying the violation.
These generally include:
lawyers’ fees;
court fees;
costs of preparing the case and translating documents;
travel and accommodation expenses incurred for attending hearings.
The Court will reimburse only those costs that are related to the violation found.
Costs associated with complaints declared inadmissible or in respect of which no violation has been found are rejected.
For this reason, costs should be presented separately and linked to each specific complaint.
Costs and expenses must actually have been incurred. The applicant must have paid them or be under a legal obligation to pay them. Any legal aid received from the domestic authorities or the Council of Europe will be deducted.
Costs and expenses must also be necessary and reasonable, meaning that they must have been unavoidable for preventing or remedying the violation.
Where the amounts claimed are excessive, the Court will determine a reasonable amount.
Claims for costs and expenses must be supported by detailed invoices and documentary evidence identifying each item claimed.
Presentation of Documents
Documents submitted by the parties should be in A4 format and page-numbered.
Original documents should not be sent to the Court; only clear and legible copies should be submitted.
Late or Unsolicited Observations
Where no request for an extension has been made before the expiry of the time limit fixed by the Court, documents submitted out of time will not be included in the case file (Rule 38 § 1 of the Rules of Court).
This does not prevent the parties from informing the Court of important new developments relevant to the case.
New domestic court decisions or other significant developments may be communicated to the Court at any stage of the proceedings.
Language
At this stage of the proceedings, pursuant to Rule 34 § 3 of the Rules of Court, all written submissions should normally be made in one of the Court’s official languages, namely English or French.
In practice, however, the Court frequently authorises applicants to continue corresponding in Turkish, and recent practice has generally followed this approach.
Registration for an eComms Account
In communicated cases where the applicant is represented by a lawyer, the Court expects correspondence to be conducted through the eComms system. Consequently, opening an eComms account has become practically indispensable for ensuring compliance with procedural requirements and deadlines.
When inviting the Government to submit its observations, the Court simultaneously sends the applicant a letter inviting registration for the eComms system.
- This letter contains: the application number;
- the web link (URL) for accessing the eComms registration page; and
- a single-use activation code.
An eComms account cannot be activated without this code.
Failure to activate the account may prevent the proper conduct of correspondence with the Court. Applicants are therefore strongly advised to activate their account immediately upon receipt of the invitation.
How to Activate an eComms Account
lick the link contained in the Court’s invitation letter.
This link will take you directly to the eComms activation page.
Enter the single-use activation code.
The code is valid only for a limited period. If it expires, a new activation code must be requested.
Verify your personal and representative details.
Your name, address, email address, and telephone number must be entered accurately.
Create a secure password.
Confirm your account by clicking the verification link sent to your email address.
Once activation is complete, the relevant application will automatically appear in your eComms account, and all future correspondence with the Court, including observations, supporting documents, claims for just satisfaction, and replies, will be submitted through the system.
Important Notes on Using eComms
- All documents submitted through eComms are automatically time-stamped, making it the most reliable method for complying with procedural deadlines.
- Documents may be uploaded only in PDF format.
- Every document should clearly indicate the application number, the applicant's name, and an appropriate document title.
- Correspondence submitted without first activating an eComms account may not be processed by the Court's Registry.
Related Links
