You can submit an application to the European Court of Human Rights (ECtHR) if you believe that your human rights have been violated by Moldovan (or any other state, which has ratified the European Convention on Human Rights) state officials or institutions.
However, there are some conditions which you have to take into account before you can submit a complaint:
The ECtHR cannot investigate cases, which do not directly relate to the human rights protected in the Convention.
example The ECtHR can hardly investigate your application if it is about state tax policies or social benefit policies.
The ECtHR cannot examine the decisions or actions of private companies, international organizations or private individuals that do not represent Moldovan 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 his/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.
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 that are 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, you must complain about it in your appeal to a higher court. Only after this you can complain to the ECtHR.
A complete application, with all the documents that are required by the Court, must be sent in within 4 months of the last decision of the Moldovan state authorities or court concerning your complaint. If there is no institution to which to complain about such a violation, the time limit is measured from the date of the possible violation or from the date it ended if the violation was a continuous one. The 4-month period will expire on its last date even if it falls on a weekend or a holiday. Therefore, make sure you send the application before the deadline - the date of the postal stamp on your application will be considered the date of submission.
important You should send your application as soon as possible, as failure to comply with the specific requirements set out for the application, for example be signed and/or accompanied by relevant court decisions, other documents, would result in the application not being examined by the Court. You will be able to lodge anew the application, but not be given additional time to submit it, situation which may lead to expiration of the initial 4-month time limit. If the 4-month time limit expires, your application will be considered and rejected as inadmissible.
If the damage caused by a violation has been rectified or compensated for by the Moldovan 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.
example If the same complaint is already pending before an international body performing a judicial or quasi-judicial procedure, that is authorised to determine the State’s responsibility and to afford legal redress capable of putting an end to the alleged violation (for example, the United Nations Human Rights Committee), 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.