any of their rights under the Convention have been violated and if they have exhausted
domestic remedies. Procedures before the Court are adversarial and public except in exceptional circumstances. Each application is assigned to a chamber of the Court, which determines admissibility and rules on the merits. The first stage of the procedure is usually
written, although there may be a public hearing. Some cases may be referred to a grand
chamber if they raise serious questions of interpretation of the Convention.
Individuals may submit applications to the Court themselves, but legal representation is
recommended and even required for hearings or after a decision declaring an application
admissible. The Council of Europe has a legal-aid scheme for applicants who do not have
sufficient means.
Final judgements of the Court are binding on the respondent state. The Council of Europe’s Committee of Ministers supervises the execution of judgements and verifies whether
a state has taken sufficient remedial measures to comply.57
In addition to the European Convention, the Council of Europe has adopted instruments
on social rights, prevention of torture, protection of national minorities, prevention of
racism, and other human rights issues. These instruments do not include provisions for
dealing with individual complaints. However, a protocol to the European Social Charter
created a mechanism for collective complaints, including by national NGOs. The European Commission against Racism may also be seized by non-governmental organizations
on any question covered by its term of references.58
The Council of Europe Commissioner for Human Rights does not take up individual complaints. The Commissioner can, however, draw conclusions and take initiatives of a general nature that are based on individual complaints.59
The Council of Europe also sometimes takes up individual complaints through its political mechanisms. For example, the release of particular political prisoners may be a prerequisite for membership in the Council.
57 Details on the European Court are available on its website at http://www.echr.coe.int. An application form for for-
warding cases to the Court is also included on the website.
58 Details on all Council of Europe standards, instruments, and procedures are available on its website at
http://www.coe.int.
59 See http://www.commissioner.coe.int.
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