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 B AND C v. SWITZERLAND (Applications nos. 889/19 and 43987/16) The Court considered that criminalisation of homosexual acts was not sufficient to render return contrary to the Convention. The Court found, however, that the Swiss authorities had failed to adequately assess the risk of ill-treatment for the first applicant as a homosexual person in the Gambia and the availability of State protection against ill-treatment from non-State actors. Several independent authorities noted that the Gambian authorities were unwilling to provide protection for LGBTI people. 17 November 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 - Lesbian, gay, bisexual, transgender and intersex (LGBTI) \| Countries: Gambia - Switzerland
A.A. v. Switzerland The case concerned the removal from Switzerland to Afghanistan of an Afghan national of Hazara ethnicity who was a Muslim convert to Christianity. The European Court of Human Rights held, unanimously, that there would be: a violation of Article 3 of the European Convention on Human Rights in the event of the applicant’s return to Afghanistan. 5 November 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): Freedom from torture, inhuman and degrading treatment - Refugee / Asylum law - Religious persecution (including forced conversion) \| Countries: Afghanistan - Switzerland
S.F. and Others v. Bulgaria 7 December 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): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions \| Countries: Bulgaria - Iraq - Switzerland
M.O. v. Switzerland 20 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): Credibility assessment - Exhaustion of domestic remedies - Expulsion - Forced labour - Freedom from torture, inhuman and degrading treatment \| Countries: Eritrea - Switzerland
A.I. c. Suisse http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017 30 May 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life \| Countries: Sudan - Switzerland
T.A. et autres contre la Suisse Requête rayé du rôle. 10 September 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Burden-sharing and international co-operation - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life \| Countries: Italy - Switzerland
A.S. v. Switzerland 30 June 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Burden-sharing and international co-operation - Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Regional instruments - Right to family life \| Countries: Italy - Switzerland - Syrian Arab Republic
Tatar v. Switzerland 14 April 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Blood feuds - Criminal justice - Freedom from torture, inhuman and degrading treatment - Mental health - Right to health \| Countries: Switzerland - Türkiye
M.A. v. Switzerland 18 November 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Credibility assessment - Expulsion - Freedom from torture, inhuman and degrading treatment - Refoulement - Rejected asylum-seekers \| Countries: Iran, Islamic Republic of - Switzerland
Tarakhel v. Switzerland 4 November 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Asylum-seekers - Children-at-risk - Deportation / Forcible return - Flight by land, air or sea - Freedom from torture, inhuman and degrading treatment - Reception - Regional instruments - Right to family life \| Countries: Afghanistan - Italy - Pakistan - Switzerland

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