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 28

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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 - Türkiye
CASE OF BATYRKHAIROV v. TURKEY (69929/12) 5 June 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 - Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions \| Countries: Kazakhstan - Türkiye
CASE OF AMERKHANOV v. TURKEY (Application no. 16026/12) 5 June 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 - Effective remedy - Freedom from torture, inhuman and degrading treatment \| Countries: Kazakhstan - Türkiye
AFFAIRE A.E.A. c. GRÈCE (Requête no 39034/12) The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR. 15 March 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): Access to procedures - Effective protection - Effective remedy - Registration \| Countries: Egypt - Greece - Sudan - Türkiye
Alimov v. Turkey 6 September 2016 \| 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 - Immigration Detention - Prison or detention conditions \| Countries: Türkiye - Uzbekistan
R.T. c. Grèce 11 February 2016 \| 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 - Illegal entry - Kurd - Prison or detention conditions \| Countries: Greece - Iran, Islamic Republic of - Türkiye
Musaev v. Turkey 21 October 2014 \| 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 - Immigration Detention - Prison or detention conditions \| Countries: Türkiye - Uzbekistan
Aliev v. Turkey 21 October 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Asylum-seekers - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions - Right to liberty and security \| Countries: Georgia - Türkiye
A.D. and Others v. Turkey 22 July 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 - Muslim - Prison or detention conditions - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Right to liberty and security - Right to life - Uighur \| Countries: China - Türkiye
Yarashonen v. Turkey 24 June 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Chechen - Effective remedy - Freedom from torture, inhuman and degrading treatment - Human rights law - Immigration Detention - Prison or detention conditions - Regional instruments \| Countries: Russian Federation - Türkiye

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