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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CASE OF G.B. AND OTHERS v. TURKEY (Application no. 4633/15) The Court further notes that the move in international law towards adopting alternative measures to the administrative detention of migrants appears to concern not only children, but also their parents. violation of the applicants’ rights under Article 5 § 4 of the Convention on account of the failure of both the Istanbul Magistrates’ Court and the Constitutional Court to conduct a review of the lawfulness of their detention in an effective and speedy manner. The Court notes, once again, that the review mechanism set out under Law no. 6458 appears to be wholly ineffective in a case, such as the present one, where the detention of a minor in the immigration context is not based on an administrative decision. 17 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): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security \| Countries: Russian Federation - Turkey
CASE OF BATYRKHAIROV v. TURKEY (69929/12) 5 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 - Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions \| Countries: Kazakhstan - Turkey
CASE OF AMERKHANOV v. TURKEY (Application no. 16026/12) 5 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 - Effective remedy - Freedom from torture, inhuman and degrading treatment \| Countries: Kazakhstan - Turkey
Khaldarov v. Turkey 5 September 2017 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Asylum-seekers - Residence permits / Residency - Right to liberty and security \| Countries: Turkey - Uzbekistan
Alimov v. Turkey 6 September 2016 \| 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 - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions \| Countries: Turkey - Uzbekistan
S.C. c. Roumanie 10 February 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Immigration Detention - Prison or detention conditions - Right to liberty and security \| Countries: Romania - Turkey
Moghaddas v. Turkey 15 February 2011 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Immigration Detention - Non-refoulement - Refugees - Right to liberty and security \| Countries: Iran, Islamic Republic of - Turkey
Dbouba v. Turkey 15 July 2010 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Armed groups / Militias / Paramilitary forces / Resistance movements - Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Refugees - Right to liberty and security - Terrorism \| Countries: Tunisia - Turkey
Gul and Others v. Turkey 8 June 2010 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Anti-terrorism law - Arbitrary arrest and detention - Armed groups / Militias / Paramilitary forces / Resistance movements - Freedom of assembly and association - Freedom of expression - Terrorism \| Countries: Turkey
Varnava and Others v. Turkey This judgment is final but may be subject to editorial revision. 18 September 2009 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Disappeared persons \| Countries: Cyprus - Turkey

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