Last Updated: Thursday, 29 September 2022, 11:15 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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Guide on Article 4 of Protocol No. 4 to the European Convention on Human Rights - Prohibition of collective expulsions of aliens

30 April 2022 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

AFFAIRE M.A.M. c. SUISSE (Requête no 29836/20)

1. La requête concerne le possible renvoi au Pakistan du requérant, ressortissant de ce pays, s’étant converti de l’islam au christianisme en Suisse, suite au rejet de sa demande d’asile. Le requérant se plaint que son renvoi lui ferait courir un risque réel pour sa vie ou d’être soumis à des mauvais traitements et que sa liberté de religion serait considérablement entravée.

26 April 2022 | 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): Expulsion - Freedom of religion - Religious persecution (including forced conversion) | Countries: Pakistan - Switzerland

CASE OF N.K. v. RUSSIA (Application no. 45761/18)

1. The case concerns removal of the applicant to Tajikistan, in breach of an interim measure issued by the Court, and the conditions and lawfulness of the applicant’s detention pending removal. Articles 3, 5 and 34 of the Convention are, principally, invoked.

29 March 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Expulsion - Extradition - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan

CASE OF T.K. AND OTHERS v. LITHUANIA (Application no. 55978/20)

22 March 2022 | 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Rejected asylum-seekers | Countries: Lithuania - Tajikistan

CASE OF SHENTURK AND OTHERS v. AZERBAIJAN (Applications nos. 41326/17 and other applications – see appended list)

10 March 2022 | 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 - Extradition - Non-refoulement | Countries: Azerbaijan - Türkiye

CASE OF KOMISSAROV v. THE CZECH REPUBLIC (Application no. 20611/17)

3 February 2022 | 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 - Extradition - Refugee status determination (RSD) / Asylum procedures | Countries: Czech Republic - Russian Federation

Adam JOHANSEN against Denmark, Application no. 27801/19

1 February 2022 | 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): Terrorism - Withdrawal of nationality | Countries: Denmark - Syrian Arab Republic - Tunisia

Guide on the case-law of the European Convention on Human Rights: Immigration

31 December 2021 | Publisher: Council of Europe: European Court of Human Rights | Document type: Handbooks/Manuals

Tewelde and Others v. Russia

Having regard to the information submitted by the parties, the Court finds that at first all the applicants were detained with a view to being removed, and their detention was presumably carried out initially in good faith and in compliance with Article 5 § 1 (f) of the Convention. However, the length of the applicants’ detention, as summarised in the relevant part of the Appendix, was from fourteen to sixteen months and the Government submitted no information about any actions taken in pursuit of the applicants’ administrative removal during these periods. Accordingly, in the Court’s view, the length of the applicants’ detention was not demonstrably related to the purpose pursued. 51. Furthermore, as regards the applicants’ complaint under Article 5 § 4 of the Convention concerning the lack of an effective procedure for review of detention, the Court notes that nothing in the available materials indicates that the applicants’ continued detention had been periodically reviewed or that they had indeed access to any procedure for such review. 52. Accordingly, the Court concludes that there has been a violation of Article 5 § 1 (f) and Article 5 § 4 of the Convention.

7 December 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Eritreans - Immigration Detention | Countries: Eritrea - Russian Federation

I.A. v. Hungary (Application No. 38297/17)

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court. For these reasons, the Court, unanimously, Decides to strike the application out of its list of cases.

16 November 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Illegal entry - Immigration Detention - Unaccompanied / Separated children | Countries: Afghanistan - Hungary

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