European Court of Human Rights building in Strasbourg

The European Court of Human Rights (ECtHR), often referred to informally as the "Strasbourg Court", was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe in 1950 (at present, all member states of the Council of Europe are also parties to the Convention, but there is no necessary connection between the two). The Court's mission is to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms, by ruling over complaints against human rights violations committed by States Parties, and brought to the Court either by other States Parties or by individuals subject to the jurisdiction of a State Party. European Court of Human Rights building in Strasbourg, France. ... European Court of Human Rights building in Strasbourg, France. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ... The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...

History and structure

The current incarnation of the court was instituted on November 1, 1998, replacing the then existing enforcement mechanisms, which included the European Commission of Human Rights (created in 1954) and the previous, limited Court of Human Rights, which was created in 1959. November 1 is the 305th day of the year (306th in leap years) in the Gregorian Calendar, with 60 days remaining. ... 1998 (MCMXCVIII) was a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... This page is a candidate for speedy deletion. ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ...

The new court was the result of the ratification of Protocol 11, an amendment to the Convention, which was ratified in November 1998. Judges were subsequently elected by the Council of Europe, and the court was opened approximately one year later. 1998 (MCMXCVIII) was a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ...

The court consists of a number of judges equal to the number of States Parties, which currently stand at forty-six. Each judge is elected in respect of a State Party; despite this correspondence, however, there are no requirements that each state be represented on the court, nor are there limits to the number of judges belonging to any nationality (e.g. Mr Caflish is a Swiss national elected in respect of Liechtenstein). Judges are assumed to be impartial arbiters, rather than representatives of any nation.

The court is divided into four "Sections", each of which consists of a geographic and gender-balanced selection of justices. The entire court elects a President and four Section Presidents, two of whom also serve as Vice-Presidents of the court. All terms last for three years. Each section selects a Chamber, which consists of the Section President and a rotating selection of six other justices. The court also maintains a 17-member Grand Chamber, which consists of the President, Vice-Presidents, and Section Presidents, in addition to a rotating selection of justices from one of two balanced groups. The selection of judges alternates between the groups every nine months.

Procedure

Complaints of violations by member states are filed in Strasbourg, and are assigned to a Section. Each complaint is first heard by a committee of three judges, which may unanimously vote to strike any complaint without further examination. Once past committee, the complaint is heard and decided by a full Chamber. Decisions of great importance may be appealed to the Grand Chamber. Any decisions of the court are binding on the member states. City flag City coat of arms Coordinates : , Time Zone : CET (GMT +1) Administration Département Bas-Rhin (67) Région Alsace Mayor Fabienne Keller (UMP) (since 2001) Intercommunality Urban Community of Strasbourg City (commune) Characteristics Land Area 78. ...

It is the role of the Committee of Ministers to supervise the execution of court judgements, though they have no formal means of forcing member countries to comply. However, the ultimate sanction of non-compliance is expulsion from the Council of Europe and thus becoming a 'pariah' state within Europe. Furthermore, the European Union takes a keen interest in the Convention and Court (and its jurisprudence) so would not look kindly upon any EU member state that did not fulfill its Convention obligations. The Russian Council of Ministers is an executive governmental body that brings together the principal officers of the Executive Branch of the Russian government. ... Jurisprudence is the theory and philosophy of law. ...

Judges

As of 13 June 2006 (in order of precedence):^[1]

1. Mr Luzius Wildhaber, President (Swiss)

   On 27 June 2006, Giorgio Malinverni was elected to replace Luzius Wildhaber.

2. Mr Christos Rozakis, Vice-President (Greek)
3. Mr Jean-Paul Costa, Vice-President (French)
4. Sir Nicolas Bratza, Section President (British)
5. Mr Boštjan Zupančič, Section President (Slovenian)
6. Mr Peer Lorenzen, Section President (Danish)
7. Mr Giovanni Bonello (Maltese)
8. Mr Lucius Caflisch (Swiss; elected as the judge in respect of Liechtenstein)
9. Mr Loukis Loucaides (Cypriot)
10. Mr Ireneu Cabral Barreto (Portuguese)
11. Mr Riza Türmen (Turkish)
12. Mrs Françoise Tulkens (Belgian)
13. Mr Corneliu Bîrsan (Romanian)
14. Mr Karel Jungwiert (Czech)
15. Mr Volodymyr Butkevych (Ukrainian)
16. Mr Josep Casadevall (Andorran)
17. Mrs Nina Vajić (Croatian)
18. Mr John Hedigan (Irish)
19. Mr Matti Pellonpää (Finnish)
20. Mrs Margarita Tsatsa-Nikolovska (citizen of “The former Yugoslav Republic of Macedonia”)
21. Mr András Baka (Hungarian)
22. Mr Rait Maruste (Estonian)
23. Mr Kristaq Traja (Albanian)
24. Mrs Snejana Botoucharova (Bulgarian)
25. Mr Mindia Ugrekhelidze (Georgian)
26. Mr Anatoly Kovler (Russian)
27. Mr Vladimiro Zagrebelsky (Italian)
28. Mrs Antonella Mularoni (San Marinese)
29. Mrs Elisabeth Steiner (Austrian)
30. Mr Stanislav Pavlovschi (Moldovan)
31. Mr Lech Garlicki (Polish)
32. Mr Javier Borrego Borrego (Spanish)
33. Mrs Elisabet Fura-Sandström (Swedish)
34. Mrs Alvina Gyulumyan (Armenian)
35. Mr Khanlar Hajiyev (Azerbaijani)
36. Mrs Ljiljana Mijović (Citizen Of Bosnia And Herzegovina)
37. Mr Dean Spielmann (Luxemburger)
38. Mrs Renate Jaeger (German)
39. Mr Egbert Myjer (Dutch)
40. Mr Sverre Erik Jebens (Norwegian)
41. Mr Davið Þór Björgvinsson (Icelandic)
42. Mrs Danutė Jočienė (Lithuanian)
43. Mr Ján Šikuta (Slovakian)
44. Mr Dragoljub Popović (Citizen of Serbia and Montenegro)
45. Mrs Ineta Ziemele (Latvian)
46. Mr Erik Fribergh, Registrar (Swedish)
47. Mr Michael O’Boyle, Deputy Registrar (Irish)

The seat of judge in respect of Monaco is currently vacant. Giorgio Malinverni is a Swiss law professor. ...

Reform

Due to the increase in awareness of European citizens of their rights under the Convention, the Court was becoming a victim of its own success. Some cases were taking up to five years before being heard and there was a significant backlog. For example, according to the Human Rights Information Bulletin (issued by the Council of Europe), between 1 November 2003 and 29 February 2004 the Court dealt with 7315 cases, of which 6255 were declared inadmissible. The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ... November 1 is the 305th day of the year (306th in leap years) in the Gregorian Calendar, with 60 days remaining. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... February 29 is the 60th day of a leap year in the Gregorian Calendar, with 306 days remaining. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

Working on the principle that 'justice delayed is justice denied', the Council of Europe set up a working party to consider ways of improving the efficiency of the Court. This resulted in an amendment to the Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol 14. This new protocol, which requires universal ratification by all Council of Europe member states to come into force, makes a number of changes: The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...

• A single judge can decide on a case's admissibility. Before, three judges decided.
• Where cases are broadly similar to ones brought previously before the Court, and are essentially due to a member state failing to change their domestic law to correct a failing highlighted by that previous judgement, the case can be decided by three judges rather than the seven-judge Chamber.
• A case may not be admissible if it is considered that the applicant has not suffered 'significant disadvantage'. However, this is not a 'hard and fast' rule.
• A member state can be brought before the court by the Committee of Ministers if that state refuses to enforce a judgment against it.
• The Committee of Ministers can ask the Court for an 'interpretation' of a judgement to help determine the best way for a member state to comply with it.

Amnesty International has expressed concern that these changes to the admissibility criteria will mean individuals may lose the ability to 'gain redress for human rights violations'^[2] The Russian Council of Ministers is an executive governmental body that brings together the principal officers of the Executive Branch of the Russian government. ... The Russian Council of Ministers is an executive governmental body that brings together the principal officers of the Executive Branch of the Russian government. ... Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization with the stated purpose of campaigning for internationally recognized human rights. ...

Notable cases

For the first time since the Russian military invaded Chechnya in 1999, the court has agreed to hear cases of human rights abuse brought forward by Chechen civilians against Russia. // History Since the breakup of the Soviet Union, the Russians have discussed rebuilding a viable, cohesive fighting force out of the remaining parts of the former Soviet armed forces. ... Capital Grozny Area - total - % water Ranked 80th - 15,300 km² - negligible Population - Total - Density Ranked 49th - est. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... It has been suggested that this article or section be merged with Human rights violation. ... A civilian is a person who is not a member of a military. ...

In 1980, the court ruled out the foetal right to sue the mother carrying the foetus. In Paton v. United Kingdom, it was discovered that the life of foetus is "intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman". 1980 (MCMLXXX) was a leap year starting on Tuesday. ...

In December 1977, the court ruled that the government of the United Kingdom was guilty of "inhuman and degrading treatment", of men interned without trial, by the court, following a case brought by the Republic of Ireland (Case No. 5310/71). The court found that while their internment was a violation of the convention rights, it was justifiable in the circumstances; it however ruled that the practice of the five techniques and the practice of beating prisoners constituted inhumane and degrading punishment in violation of the convention, although not torture. Legally, Ireland v. United Kingdom is notable since the British government had already publicly admitted and promised to refrain from all the violations the court found it guilty of. The UK tried to argue that having done so, the Irish litigation was pointless, relying on principles of international law accepted by the ICJ; however, the ECHR held that even though the UK had already made these admissions and undertakings, the case could still be considered, since ruling on it would serve the purposes of the development of Convention law.^[3] For the album by Ash, see 1977 (album). ... The term five techniques refers to certain interrogation practices adopted by the Northern Ireland and British governments in the early 1970s. ...

Other cases

• Dudgeon v. United Kingdom: sodomy and the right to privacy
• McLibel case: legal aid in libel cases
• Murray v. United Kingdom: anti-terrorism laws
• John Murray v. United Kingdom: right to silence
• Funke v. France: right to a fair trial
• List of LGBT-related cases
• Alexei Mikheyev v. Russia ^[4]: €250,000 compensation for police brutality

Dudgeon v. ... François Elluin, Sodomites provoking the wrath of God, from Le pot pourri de Loth (1781). ... The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ... Helen Steel and David Morris, the defendants in the McLibel case, at the launch of McSpotlight. ... Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ... Murray v. ... John Murray v. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... Funke v. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... This list contains cases of the European Court of Human Rights related to lesbian, gay, bisexual and transgendered people. ... Police brutality is a term used to describe the excessive use of physical force, assault, verbal attacks, and threats by police officers. ...

Architecture

The building, which houses the court chambers and registry (administration), was designed by the Richard Rogers Partnership and completed in 1995. The design is meant to reflect, amongst other things, the two distinct components of the Commission and Court (as it then was). Wide scale use of glass emphasises the 'openness' of the court to European citizens. Richard George Rogers, Baron Rogers of Riverside (born 23 July 1933) is a British architect noted for his modernist and functionalist designs. ...

See also

• Human rights in Europe
• European Convention on Human Rights

The human rights situation in Europe on the whole is good, although there are several human rights problems ranging from the treatment of asylum seekers and the Roma to reports of police brutality. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...

Notes

1. ^ Source: CoE website.
2. ^ European Court on Human Rights: Imminent reforms must not obstruct individuals' redress for human rights violations by Amnesty International News Service No: 120 11 May 2004
3. ^ Search ECHR data base "In the case of Ireland v. the United Kingdom" (No. 5310/71)
4. ^ Alexei Mikheyev v. Russia

Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization with the stated purpose of campaigning for internationally recognized human rights. ... May 11 is the 131st day of the year in the Gregorian Calendar (132nd in leap years). ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

External links

• European Court of Human Rights web pages on the official Council of Europe website (contains information on the Court, its history, structure, organization etc., and information for applicants
• Court judgements, decisions and case law website
• Rules of the Court (PDF)
• Case-processing flowchart (PDF)
• Text of Protocol 14
• "Chechens taking Russia to court" - BBC News
• European Court of Human Rights condemns Russia in media case - IFEX