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 Law 13
Case Law Compilations/Analyses 1

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AFFAIRE M.A. c. BELGIQUE (Requête no 19656/18) The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal. 27 October 2020 \| 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): Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures - Suspensive effect \| Countries: Belgium - Sudan
A.A. c. France 15 January 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Evidence (including age and language assessments / medico-legal reports) - Suspensive effect - Torture \| Countries: France - Sudan
Trabelsi v. Belgium 4 September 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Criminal justice - Extradition - Freedom from torture, inhuman and degrading treatment - Suspensive effect \| Countries: Belgium - Tunisia - United States of America
Kadirzhanov and Mamashev v. Russia 17 July 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Effective remedy - Extradition - Freedom from torture, inhuman and degrading treatment - Suspensive effect - Uzbek \| Countries: Kyrgyzstan - Russian Federation
Akram Karimov v. Russia 28 May 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to liberty and security - Suspensive effect \| Countries: Russian Federation - Uzbekistan
A.C. et autres c. Espagne 22 April 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Right to life - Suspensive effect \| Countries: Morocco - Spain
Gayratbek Saliyev v. Russia 17 April 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Generalized violence - Rejected asylum-seekers - Suspensive effect - Uzbek \| Countries: Kyrgyzstan - Russian Federation
Ismailov v. Russia 17 April 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Extradition - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers - Suspensive effect - Terrorism - Uzbek \| Countries: Russian Federation - Uzbekistan
Paposhvili c. Belgique 17 April 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Deportation / Forcible return - Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal immigrants / Undocumented migrants - National security / Public order - Right to family life - Right to health - Suspensive effect \| Countries: Belgium - Georgia - Italy
M.A. v. Cyprus 23 July 2013 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Habeas corpus - Kurd - Right to liberty and security - Right to life - Suspensive effect \| Countries: Cyprus - Syrian Arab Republic

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