Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
At this stage of the proceedings the scope of the case will have been determined
by the Court’s admissibility decision; that is to say, if only some of the complaints
have been declared admissible, the applicant should not address the complaints declared inadmissible in his or her observations on the merits. Further observations
on the merits give the applicant a final opportunity to support his or her case with
adequate evidence and argumentation. For this reason, applicants are advised to
avail themselves of this opportunity even if the Court does not specifically require
further observations at this stage.
2.1.17 Hearings
The Chamber and the Grand Chamber may hold hearings on the admissibility and/
or the merits of cases in Strasbourg. Although it is the Court’s practice to ask the
parties whether they would want an oral hearing of the case, hearings are held in
very few cases only. The Court usually decides to hold hearings if it needs further
clarification or if the case is of special legal or political importance. Prior to hearings, the Registry issues a press release that informs on the date of the hearing.
Since 2007, hearings can also be followed online. The Court publishes webcasts of
hearings on its webpage.133
Such hearings require the attendance of the parties or their representatives and
sometimes also the attendance of witnesses and experts. Prior to a hearing, the
Court asks the applicant’s representative to submit his or her oral statement in
writing in order to provide translations. Such a pre-submission of the oral statement is not mandatory but advisable for the facilitation of translations. The Court
also asks the applicant’s representative to provide a full list of names of persons
who will attend the hearing on the applicant’s behalf. As described above, the Court
requires that a lawyer represent the applicant. The Court may also allow the applicant to make additional statements on his or her own behalf.134
On the day of the hearing, the President of the relevant Chamber will usually hold a
short informal meeting informing the parties about the procedures. At the hearing,
the applicant’s representative is usually given 30 minutes to present his or her oral
arguments, followed by a 30 minute response by the Government. The adherence
to the given time limit is crucial as the President of the Chamber may stop the
speaker after 30 minutes. In an oral submission, the applicant’s representative will
complement the written submission and where applicable address specific questions the Court sent them prior the hearing. After the oral arguments, judges may
ask questions. Sometimes, the Court adjourns the meeting for ten to 15 minutes
133
European Court of Human Rights, Webcasts of Hearings, available at: http://www.echr.coe.int/
Pages/home.aspx?p=hearings.
134 See e.g. Hartman v. the Czech Republic, no. 53341/99, 10 July 2003, § 8.
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