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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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AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18)

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 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): Decision on admissibility - Effective remedy - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

AFFAIRE A.M. c. FRANCE (Requête no 12148/18)

Effective domestic remedy: Effectiveness of a suspensive remedy, in respect of an asylum request submitted after the application had been lodged with the Court: admissible As to the merits, the Court went on to find, unanimously, that there would be no violation of Article 3 if the decision to deport the applicant to Algeria were implemented.

29 April 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): Exhaustion of domestic remedies - Refugee status determination (RSD) / Asylum procedures | Countries: Algeria - France

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

S.G. c. Grèce

18 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): Asylum-seekers - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment | Countries: Greece - Iran, Islamic Republic of

Case of S.K v. Russia

14 February 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 - Exhaustion of domestic remedies - Humanitarian protection (including tolerated stay) - Physical harm - Right to life - Security situation | Countries: Russian Federation - Syrian Arab Republic

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

Practical Guide on Admissibility Criteria

2014 | Publisher: Council of Europe: European Court of Human Rights | Document type: Handbooks/Manuals

Uzer c. Turquie

21 September 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Criminal justice - Effective remedy - Evidence (including age and language assessments / medico-legal reports) - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Human rights courts - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness - Witnesses | Countries: Türkiye

A.A. c. Grèce

22 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Effective remedy - Exhaustion of domestic remedies - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Palestinian - Prison or detention conditions - Right to liberty and security | Countries: Greece - Palestine, State of

Batayev and Others v. Russia

17 June 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed forces / Military - Chechen - Criminal justice - Disappeared persons - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Ingush | Countries: Russian Federation

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