Last Updated: Friday, 01 November 2019, 13:47 GMT

Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country.  Website: www.echr.coe.int/Pages/home.aspx?p=home
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AFFAIRE O.D. c. BULGARIE (Requête no 34016/18)

The Court held that "- that O.D.’s removal to Syria would amount to a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights - that there had been a violation of Article 13 (right to an effective remedy), read in conjunction with Articles 2 and 3. The Court found, in particular, that in view of the overall situation in Syria and the individual risk faced by the applicant it could not be established that he could safely return to Syria. The Court also found that the applicant had not had access to an effective remedy, noting that his request for a stay of execution of the expulsion order had been rejected on the grounds that he posed a threat to national security, and that the proceedings relating to the application for refugee status or humanitarian status had not been aimed at reviewing the lawfulness of the expulsion order or its effects in relation to the complaints concerning the right to life and the right not to be subjected to ill-treatment. ..."

10 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to life | Countries: Bulgaria - Syrian Arab Republic

H.A. et autres c. Grece (application no. 19951/16)

The case concerns the arrest of the applicants, nine unaccompanied minors, and their placement in different police stations in northern Greece and in the Diavata centre. The Court found violations of articles 3 on the prohibition of inhuman or degrading treatment (no violation on living conditions), violation of article 13 on the right to an effective remedy and a violation of article 5 (1) and (4) on the right to liberty and security, right to a speedy decision on the lawfulness of a detention measure.

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Greece - Iraq - Morocco - Syrian Arab Republic

Case of S.K v. Russia

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Exhaustion of domestic remedies - Humanitarian protection (including tolerated stay) - Physical harm - Right to life - Security situation | Countries: Russian Federation - Syrian Arab Republic

M.A. v. Cyprus

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Habeas corpus - Kurd - Right to liberty and security - Right to life - Suspensive effect | Countries: Cyprus - Syrian Arab Republic

Abdo c. Turquie

26 January 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Criminal justice - Effective remedy - Freedom from torture, inhuman and degrading treatment - Pre-trial detention - Right to liberty and security - Terrorism | Countries: Syrian Arab Republic - Turkey

Al-Nashif v. Bulgaria

The judgment became final on 20 September 2002.

20 June 2002 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Effective remedy - Immigration law - Right to family life - Right to liberty and security - Rights of non-citizens - Statelessness | Countries: Bulgaria - Kuwait - Syrian Arab Republic

Dougoz v. Greece

FINAL 06/06/2001. This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It is subject to editorial revision before its reproduction in final form in the official reports of selected judgments and decisions of the Court.

6 March 2001 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Expulsion | Countries: Greece - Syrian Arab Republic

Dougoz c. Grèce

L'Etat défendeur doit verser au requérant, dans les trois mois à compter du jour où l'arrêt sera devenu définitif conformément à l'article 44 § 2 de la Convention, 5 000 000 de GRD (cinq millions de drachmes) pour dommage moral et pour frais et dépens, plus tout montant pouvant être dû au titre de la taxe sur la valeur ajoutée.

6 March 2001 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Expulsion | Countries: Greece - Syrian Arab Republic

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