UN and international human-rights protection mechanisms

Complaints to UN bodies and the European Court of Human Rights (ECtHR)

UN and international human-rights protection mechanisms

After Russia’s withdrawal from the European Convention on Human Rights, the United Nations treaty bodies remain a key international mechanism for the legal assessment of human-rights violations.

At the same time, turning to international bodies is not a universal remedy and not an automatic continuation of domestic litigation.

It is a complex, lengthy, and highly formalised procedure that makes sense only after a professional assessment of the prospects.

International complaints to UN bodies: when they may be possible

  • domestic remedies have been exhausted or are ineffective;
  • the violations are systemic or recurring;
  • state authorities have violated fundamental rights;
  • an international legal assessment is important, even if enforcement is not guaranteed.

The UN is a separate legal instrument with its own opportunities and limitations — not “one more level of appeal”.

International human-rights mechanisms

Depending on the circumstances, different mechanisms may be used, including:

• UN treaty bodies (the Human Rights Committee and other committees)
• UN special procedures
• UN working groups
• The European Court of Human Rights — in cases falling within its temporal jurisdiction.

Each mechanism has its own procedure, admissibility criteria, and scope. Not every case is suitable for international review, and it is important to assess this honestly at the outset.
My international experience

For many years, I worked on cases before the European Court of Human Rights, representing applicants in individual and collective applications.

This experience remains fundamentally important today.
It allows me to understand:
— the logic of international bodies,
— admissibility criteria,
— the real limits of international protection, and
— the differences in approach between various mechanisms.

In addition to individual representation, I was the initiator and one of the developers of an ECtHR complaint generator for cases concerning detention at public assemblies and protests.

Using this tool, around 3,500 applications were prepared and filed.

Working with such a volume of cases gave me a systematic understanding of:
— typical applicant mistakes,
— how international bodies approach mass cases, and
— the limits of what can realistically be achieved through international procedures.

Examples of my ECtHR cases

  • An international case concerning the killing of a person by law-enforcement officers, in which I represented the applicant after domestic remedies had been exhausted. The ECtHR found Russia responsible for the killing and for an ineffective investigation
  • A case against the Russian Federation concerning the abduction of a man by security service officers. The ECtHR found Russia responsible for the abduction, the death, and the ineffective investigation.
  • A case in which the ECtHR assessed archives’ refusals to provide access to materials on repression, showing how archival issues intersect with international human-rights law.
A UN complaint as an alternative to the ECtHR

In one case, I represented an applicant whose complaint to the European Court of Human Rights was declared inadmissible.

After that, we prepared and submitted a complaint to a UN treaty body. The international body found violations on all points raised.

This case shows that:
— a refusal by one international mechanism does not always mean there are no prospects;
— different bodies apply different standards; and
— choosing the right international mechanism requires a precise legal assessment.

UN complaint: where to start

If you are considering submitting an international complaint to a UN body or another human-rights mechanism, the first step is a case assessment.

It provides an honest answer to whether an international protection mechanism can be effective in your situation.
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