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 KAAK ET AUTRES c. GRÈCE (Requête no 34215/16) The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be expected of them in the Vial camp to meet the obligation to provide care and protection to unaccompanied minors. The other applicants had been transferred immediately – or within ten days – from the Vial camp to the Souda camp. The Court also held that the conditions of detention in the Souda camp did not amount to inhuman or degrading treatment. The Court reiterated its previous finding that a period of one month’s detention in the Vial camp should not be considered excessive, given the time needed to comply with the relevant administrative formalities. In addition, the length of the applicants’ detention once they had expressed their wish to apply for asylum had been relatively short. In contrast, the applicants, who did not have legal assistance, had not been able to understand the content of the information brochure; in particular, they were unable to understand the material relating to the various appeal possibilities available under domestic law. 3 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): Access to procedures - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Legal representation / Legal aid - Right to liberty and security \| Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic
CASE OF S.Z. v. GREECE (Application no. 66702/13) violation of articles 3 and 5 21 June 2018 \| 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): Arbitrary arrest and detention - Expulsion - False documents - Freedom from torture, inhuman and degrading treatment - Right to liberty and security \| Countries: Greece - Syrian Arab Republic
L.M. and Others v. Russia 15 October 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to liberty and security \| Countries: Russian Federation - Syrian Arab Republic
Al Husin v. Bosnia and Herzegovina 7 February 2012 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement \| Countries: Bosnia and Herzegovina - Syrian Arab Republic

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