You can submit an application to the European Court of Human Rights (ECtHR) if you believe that your human rights have been violated by Slovenian state officials or institutions, or any other state, which has signed and ratified the European Convention on Human Rights.
However, there are some conditions which you have to take into account prior to submitting a complaint:
The ECtHR cannot investigate cases, which do not directly relate to the human rights protected by the Convention and its Protocols.
example The ECtHR cannot investigate your application if it is about state tax policies or social benefit policies.
The ECtHR cannot examine decisions or actions of private companies, international organizations or private individuals that do not represent State institutions.
You cannot complain about a violation of another person’s human rights, unless you have been granted a power of attorney to submit an application in their name.
exception In a case where your family member or relative has died or disappeared as a result of a potential human rights violation, you have a right to file a complaint about such a violation in your own name, if you are personally and directly affected by it.
The ECtHR cannot investigate a potential violation of your rights if you have not first tried to resolve the problem using all the usual complaint mechanisms available under national law.
example If you believe that the judge in your trial is not impartial or independent, you first have to request their withdrawal from the case. In a case where the judge refuses to be removed, you must complain about it in your appeal to a higher court. Only after that can you complain to the ECtHR.
A complete application, with all the documents that are required by the Court, must be sent in within 4 months from the last decision of the Slovenian state authorities or the court concerning your complaint. If there is no institution to which you can complain about the violation, the time limit is measured from the date of the possible violation.
The 4 month period will expire on its last date even if it falls on a weekend or a holiday. Therefore, make sure that you send the application before the deadline - the date of the postal stamp on your application will be considered the date of submission.
note If the last decision of a national authority or court was taken before 1 February 2022, you have 6 months to file a complaint.
important You should send your application as soon as possible, as the Court may ask you for additional documents which you have not included with your initial application. You will not be given additional time to submit these documents to the Court. All the requested documents must be sent in before the initial 4-month time limit expires, otherwise your application will be considered and rejected as inadmissible.
If the damage caused by a violation has been rectified or compensated for by the Slovenian courts or state authorities, the ECtHR will refuse to accept your application.
example If you were not allowed to submit your arguments or observations in the court of first instance, but the court of appeal has quashed the judgement of the court of first instance and allowed you to participate fully in an oral hearing, your complaint will be rejected as inadmissible.
In some cases, such as possible torture, inhumane treatment or unlawful deprivation of liberty, the harm done by a violation is presumed to be significant because of the importance of that right itself. However, in other cases the disadvantage created by a violation of your human rights must be significant enough for the court to take up your case.
example If you have lost €50 as a result of a violation of your property rights, the Court will most likely examine and reject your complaint as inadmissible.