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 17

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CASE OF S.A. v. THE NETHERLANDS (Application no. 49773/15) Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3 2 June 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): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness \| Countries: Netherlands - Sudan
CASE OF A.S.N. AND OTHERS v. THE NETHERLANDS (Applications nos. 68377/17 and 530/18) Art 3 ECHR • Expulsion • No risk of ill-treatment in case of removal of Afghan Sikhs to Afghanistan • Adequate assessment of the risks by the domestic authorities • No compelling humanitarian grounds against removal. See also joint partly dissenting opinion on the assessment by the domestic authorities of the foreseeable consequences of the applications to Afghanistan. 25 February 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Sikh \| Countries: Afghanistan - Netherlands
M.M. and Others v. The Netherlands Linked applications: 26268/09, 33314/09 and 53926/09 19 June 2017 \| 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): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness \| Countries: Afghanistan - Netherlands
A.M. v. the Netherlands 5 July 2016 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Hazara - Persecution based on political opinion \| Countries: Afghanistan - Netherlands
R.B.A.B. and Others v. the Netherlands 7 June 2016 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Female genital mutilation (FGM) - Freedom from torture, inhuman and degrading treatment \| Countries: Netherlands - Sudan
Samsam Mohammed Hussein and Others v. the Netherlands and Italy 2 April 2013 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Countries: Italy - Netherlands - Somalia
A v. Netherlands 20 July 2010 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Asylum-seekers - Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - National security / Public order - Opposition \| Countries: Libya - Netherlands
Mawaka v. The Netherlands 1 June 2010 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refugees - Right to family life \| Countries: Congo, Democratic Republic of the - Netherlands
O v. Netherlands Admissibility decision. 17 November 2009 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Expulsion - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers - Terrorism \| Countries: Mauritania - Netherlands
Harutioenyan and Others v. the Netherlands Decision on admissibility. 1 September 2009 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Mental health - Opposition - Persecution based on political opinion - Political parties - Post-traumatic stress disorder (PTSD) \| Countries: Armenia - Netherlands

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