Administration of justice / Jurisdiction

The Court reiterated that Article 1 (obligation to respect human rights) of the European Convention limited its scope to persons within the jurisdiction of the States Parties to the Convention. In the present case, it noted that the applicants were not within Belgium’s jurisdiction in respect of the circumstances complained of under Articles 3 and 13 of the Convention. The Court also considered that Article 6 § 1 of the Convention was inapplicable in the present case. The entry to Belgian territory which would have resulted from the visas being issued did not engage a “civil” right within the meaning of Article 6 § 1. Lastly, the Court noted that this conclusion did not prejudice the endeavours being made by the States Parties to facilitate access to asylum procedures through their embassies and/or consular representations.

5 May 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Decision on admissibility - Effective remedy - Jurisdiction - Visas | Countries: Belgium - Lebanon - Syrian Arab Republic

violations of Article 3: failure to effectively investigate allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8, violations of Article 6 § 1 (right to a fair trial within a reasonable time), and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty) because Romania had assisted in Mr Al Nashiri’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.

31 May 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Romania - Saudi Arabia - United States of America

violations of Article 3 (prohibition of torture) of the European Convention on Human Rights, because of the Government’s failure to effectively investigate Mr Husayn’s allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; and violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy), in conjunction with Article 3.

31 May 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Lithuania - Palestine, State of - United States of America

23 September 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Deportation / Forcible return - Effective remedy - Jurisdiction - Residence permits / Residency - Right to family life | Countries: France - Morocco

Admissibility decisions.

6 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Genocide - Jurisdiction - War crimes | Countries: Netherlands

Admissibility application. See also the judgment on merits: Al-Saadoon and Mufdhi v. United Kingdom; and the judgment of the Court of Appeal (England and Wales): R (on the application of (1) Faisal Attiyah Nassar Al-Saadoon (2) Khalaf Hussain Mufdhi) v. Secretary of State for Defence [2009] EWCA Civ 7.

30 June 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Death penalty - Effective remedy - Freedom from torture, inhuman and degrading treatment - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction - Right to life | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Admissibility decision.

18 November 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Diplomatic assurances - Effective remedy - Freedom from torture, inhuman and degrading treatment - Jurisdiction - Non-refoulement - Right to liberty and security - Right to life | Countries: Bosnia and Herzegovina