Earlier this week, the European Court of Human Rights unanimously held that a criminal defendant has the right to free assistance from a translator during criminal investigatory proceedings if language barriers prevent the accused from having a full understanding of the consequences of waiving his or her rights to keep silent and to legal assistance. See ECtHR, Baytar v. Turkey,
Read moreCategory: European System
In Karimov v. Azerbaijan, European Court of Human Rights Holds Special Polling Stations for Military Personnel Violate the Right to Free Elections
Last week, the European Court of Human Rights held that the establishment of military polling stations, in contravention of the Azerbaijani Electoral Code, violated the right to free elections under the First Protocol to the European Convention on Human Rights. ECtHR, Karimov v. Azerbaijan, no. 12535/06, ECHR 2014, Judgment of 25 September 2014, para. 52. The applicant, Mr. Hasan Huseyn
Read moreIn Hassan v. United Kingdom, the European Court of Human Rights Finds Extra-territorial Jurisdiction over Iraqi Detainee and Examines Interplay between Geneva Conventions and European Human Rights Obligations
On September 16, the European Court of Human Rights delivered its Grand Chamber judgment in Hassan v. United Kingdom, which involved the detention of an Iraqi national, Tarek Hassan, by the British army in Iraq in 2003. The applicant alleged that the United Kingdom was responsible for Tarek’s unlawful detention, ill-treatment, and death. The key issues before the Court were whether
Read moreEuropean Convention on Violence against Women Enters into Force, Codifying Advances in the Protection of Women’s Human Rights
August 1, 2014 marked the entry into force of the first legally binding instrument in Europe that specifically targets violence against women and domestic violence. The “most far reaching international treaty to tackle this serious violation of human rights,” the Convention on Preventing and Combating Violence against Women and Domestic violence, known as the Istanbul Convention, requires States parties to
Read moreEuropean Court of Human Rights: Poland Responsible for Secret Detention, Torture, and Rendition of Two Guantánamo Detainees
In its first judgment concerning the human rights of current Guantánamo detainees, the European Court of Human Rights (ECtHR) found that Poland failed to uphold its international obligations by allowing the secret detention, torture, and extraordinary rendition of a Saudi Arabian national and a stateless Palestinian, both suspected of terrorist acts. See ECtHR, Al Nashiri v. Poland, no. 28761/11, Judgment of 24
Read moreEuropean Court of Human Rights Upholds Finnish Marital Restriction on Trans Gender Identity Recognition
In a high profile new ruling, the European Court of Human Rights has held that requiring a transsexual woman to convert her marriage into a civil partnership in order to gain full legal recognition of her gender identity does not violate the European Convention on Human Rights (Convention). ECtHR, Hämäläinen v. Finland [GC], no. 37359/09, ECHR 2014, Judgment of 16 July
Read moreS.A.S. v. France: The European Court’s Decision in Light of Human Rights Doctrine on Restricting Religious Dress
Earlier this month, the European Court of Human Rights published its Grand Chamber decision in the case of S.A.S. v. France, which challenged the French “burqa ban” on wearing face coverings in public spaces. See ECtHR, S.A.S. v. France [GC], no. 43835/11, Judgment of 1 July 2014. The Grand Chamber held that prohibiting the concealment of a person’s face in public did
Read moreEuropean Court of Human Rights Releases Six New Thematic Factsheets on Landmark Cases
The European Court of Human Rights has released six new factsheets summarizing its jurisprudence on the topics of: hunger strikes in detention, migrants in detention, domestic violence, elderly persons, persons with disabilities, and political parties and associations. The factsheets provide valuable insights into the kinds of issues being raised before the Court, direct practitioners to key cases and decisions, and
Read moreEuropean Court Finds Georgia Plea Bargain Procedure Compatible with Human Rights Convention, Despite “Shady Factual Circumstances”
In a judgment released on April 29, the European Court of Human Rights examined the compatibility of a plea bargain procedure with the fair trial protections of the European Convention on Human Rights. See ECtHR, Natsvlishvili and Togonidze v. Georgia, no. 9043/05, Judgment of 29 April 2014. This Chamber decision marks the first case in which the European Court has analyzed in detail any
Read moreJoin the Conversation: Engaging with Regional Human Rights Mechanisms
Join the International Justice Resource Center and the New Tactics community for an online conversation on Engaging Regional Human Rights Mechanisms from April 21 to 25, 2014. IJRC’s executive director, Lisa Reinsberg, will join experts and practitioners from around the world in discussing the practical details of seeking justice, accountability, and reform through the regional human rights systems.
Read more