Sunday, November 3, 2019

Advise Marcos on his rights under the European Convention of Human Essay

Advise Marcos on his rights under the European Convention of Human Rights (ECHR) - Essay Example (Your Rights 2008) Because the laws were rarely enforced it was unlikely that they would be prosecuted, but the risk of enforcement was there, so they were allowed to challenge it.(Your Rights 2008) Here, Macros has standing because he has already been mistreated. Thus, Macros has satisfied the first element of standing. Before Macros makes an application to the ECHR he must pursue any proceedings that he could take in the Hungarian courts that are capable of providing him with an adequate remedy for the breach of his Convention rights. Here, the Hungarian Courts found that the officers had used necessary force to contain the situation while making multiple arrests. Further, the Hungarian Courts also found that the internal inquiry conducted within the Special Anti-Terrorist Squad was adequate although no officers were criminally prosecuted. Based upon the facts provided, it appears that all remedies offered by the Hungarian courts have been exhausted. Accordingly, Macros fits into the second element of standing to file his application to the ECHR. Finally, Macros must make his application to the ECHR within six months of the conclusion of any court proceedings that he has taken in Hungary that could have provided him with a remedy or, if there were no proceedings that it was reasonable to expect Macros to take, within six months of the event which gives rise to his application. When Macros makes his application to the ECHR he will be asked to complete one of the ECHR’s application forms. However, it is not necessary to fill out one of these forms to meet the six month rule. All he need to do is to get a letter to the court within the six months setting out: 3. The facts that have given rise to the application. Marcos was sitting in a cafà © in the centre of Budapest (Hungary) when officers of the Special Anti-Terrorist Squad raided the cafà © in order to

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