Council of Europe: European Court of Human Rights
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
- Case Law 2
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Moxamed Ismaaciil and Abdirahman Warsame v. Malta
12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia |
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Amuur v. France
in order to determine whether someone has been “deprived of his liberty” within the meaning of Article 5 of the ECHR, “the starting point must be his concrete situation, and account must be taken of a whole range of criteria such as the type, duration, effects and manner of implementation of the measure in question. The difference between deprivation of and restriction upon liberty is merely one of degree or intensity, and not one of nature or substance. [...] Above all, such confinement must not deprive the asylum-seeker of the right to gain effective access to the procedure for determining refugee status” (para. 43) 25 June 1996 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Right to liberty and security - Transit | Countries: France - Somalia |
