THE PROCEDURE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS CONCERNING THE EQUITABLE PROCESS (Article 6 CEDH)
The protection of human rights as it is applied by the judicial procedure of the European Court for Human Rights is based on an exceptional mechanism which is that of individual recourse.
Furthermore, since protocol No. 11 (1998) came into force, all physical persons or legal entities which can allege that they are victims of a violation of the Convention have direct access to the Court.
It should be stated that 90% to 95% of the investigations which arrive at the European Court of the Rights of Man are declared to be non-receivable, and this is understandable for individuals who are not informed concerning this subject. That is why the tools supplied by the Court should be used in the best possible way.
In addition, after passing the receivability stage, the outcome of a case is often influenced by the quality of the legal representation to the Court.
However, the procedure before the European Court of Human Rights is addressed to physical persons or legal entities who have exhausted all other avenues of recourse internal to the jurisdiction of a Member State of the European Community”.
That is why Maitre Benaissi assists and represents all physical persons or legal entities before the European Court of Human Rights in particular under the terms of article 6 which states :
“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”.