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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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 B.U. AND OTHERS v. RUSSIA, (nos. 59609/17, 74677/17 and 76379/17)

Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Conditional) (Uzbekistan) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

22 January 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 - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan - Uzbekistan

CASE OF MAINOV v. RUSSIA (Application no. 11556/17)

detention under Article 5 § 1 (f) of the Convention must be carried out in good faith; it must be closely connected to the ground of detention relied on by the Government; the place and conditions of detention should be appropriate; and the length of the detention should not exceed that reasonably required for the purpose pursued

15 May 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 - Statelessness | Countries: Russian Federation

CASE OF BISTIEVA AND OTHERS v. POLAND (Application no. 75157/14)

violation of article 8 - child’s best interests cannot be confined to keeping the family together - detention is mesure of last resort -consideration should be given to alternative measures - detention of minors called for greater speed and diligence on the part of the authorities

10 April 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 - Right to family life | Countries: Germany - Poland - Russian Federation

CASE OF MSKHILADZE v. RUSSIA (Application no. 47741/16)

- detention arbitrary since it should have been clear to the authorities that removal was impracticable - violation of Article 5 § 4 of the Convention on account of the lack of a possibility to take proceedings for review of the continued detention

13 February 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 - Statelessness | Countries: Russian Federation

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

Mukhitdinov v. Russia

21 May 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Statelessness - Withdrawal of nationality | Countries: Russian Federation - Uzbekistan

Eshonkulov v. Russia

15 January 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Extradition - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions | Countries: Russian Federation - Uzbekistan

Isayev and Others v. Russia

21 June 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to life | Countries: Russian Federation

Shimovolos v. Russia

21 June 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Human rights activists - Right to family life - Right to liberty and security | Countries: Russian Federation

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