| |
|
|
| Specific
Instruments |
|
Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions |
 |
| Date of adoption:
24/5/1989 |
Entry into
force:
- |
| System of protection:
Universal |
|
Habeas Corpus Act (1679) |
|
| Date of adoption:
27/5/1679 |
Entry into
force:
- |
| System of protection:
Other |
|
Model Treaty on Extradition |
|
| Date of adoption:
14/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Basic Principles on the Role of Lawyers |
|
| Date of adoption:
7/9/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Guidelines on the Role of Prosecutors |
|
| Date of adoption:
7/9/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Basic Principles on the Independence of the Judiciary |
|
| Date of adoption:
26/8/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Basic principles on the use of restorative justice |
|
| Date of adoption:
2000 |
Entry into
force:
- |
| System of protection:
Universal |
|
European Agreement relating to persons participating in proceedings of the European Court of Human Rights |
|
| Date of adoption:
5/3/1996 |
Entry into
force:
1/1/1999 |
| System of protection:
Council of Europe |
|
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms |
|
| Date of adoption:
22/11/1984 |
Entry into
force:
1/11/1988 |
| System of protection:
Council of Europe |
|
Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe |
|
| Date of adoption:
5/3/1996 |
Entry into
force:
1/11/1998 |
| System of protection:
Council of Europe |
|
United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") |
|
| Date of adoption:
29/10/1985 |
Entry into
force:
- |
| System of protection:
Universal |
| |
|
|
| General
Instruments |
 |
|
The Cairo Declaration on Human Rights in Islam |
|
| Date of adoption:
5/8/1990 |
Entry into
force:
- |
| System of protection:
Organization of the Islamic Conference |
|
American Convention on Human Rights (Pact of San Jose, Costa Rica) |
|
| Date of adoption:
22/11/1969 |
Entry into
force:
18/7/1978 |
| System of protection:
Organization of American States |
|
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR) |
|
| Date of adoption:
4/11/1950 |
Entry into
force:
3/9/1953 |
| System of protection:
Council of Europe |
|
International Covenant on Civil and Political Rights (ICCPR) |
|
| Date of adoption:
16/12/1966 |
Entry into
force:
23/3/1976 |
| System of protection:
Universal |
|
Charter of Fundamental Rights of the European Union |
|
| Date of adoption:
7/12/2000 |
Entry into
force:
- |
| System of protection:
European Union |
|
Universal Declaration of Human Rights (UDHR) |
|
| Date of adoption:
10/12/1948 |
Entry into
force:
- |
| System of protection:
Universal |
|
American Declaration of the Rights and Duties of Man |
|
| Date of adoption:
2/5/1948 |
Entry into
force:
- |
| System of protection:
Organization of American States |
|
African Charter on Human and Peoples' Rights (Banjul Charter) |
|
| Date of adoption:
27/6/1981 |
Entry into
force:
21/10/1986 |
| System of protection:
Organization of African Unity |
| |
|
|
| Articles |
|
|
Droit communautaire des droits fondamentaux |
|
|
Frédéric SUDRE |
| Latest update:
23/06/2003 |
First published:
2002 |
| Reference:
Rev. trim. dr. h. 2002; p. 659-683. |
|
Chronicle of the jurisprudence of the European Court of Justice in the field of Human Rights - 2001. |
|
Due Process and Cyberjurisdiction |
|
|
David JOHNSON |
| Latest update:
30/12/2002 |
First published:
1996 |
| Reference:
Vol 2 No 1 (1996) Journal of Computer-Mediated Communication |
|
Cyberlaw and due process-Questions how will Due Process Arise in cyberspace?
How will Due Process on the Net Differ from Due Process in the Non-Virtual World? |
|
Due Process and the Right to Life in the Context of the Vienna Convention on Consular Relations |
|
|
Monica TINTA FERIA |
| Latest update:
30/12/2002 |
First published:
2001 |
| Reference:
Vol. 12 (2001) EJIL 363 |
|
The right to due process in international law context and LaGrand affair before the International Court of Justice. |
|
Examen de jurisprudence (1995-2000) Chapitre 4 |
|
|
Pierre-François DOCQUIR - Rusen ERGEC |
| Latest update:
28/10/2002 |
First published:
1/5/2002 |
| Reference:
R.C.J.B., 2002/1, pp.85-229 |
|
The article reviews the whole of ECHR case law, from 1 January 1995 until 31 December 2000, highlighting the major threads and evolutions during this period. |
|
L'extradition et les risques de violation des articles 3 et 6 de la Convention par ricochet |
|
|
Michel PUéCHAVY |
| Latest update:
23/10/2002 |
First published:
2002 |
| Reference:
Revue trimestrielle des droits de l'homme, 2002, p. 709 |
|
Analysis of the judgement of the European Court of Human Rights in the case of Einhorn v. France.
Extradition - Punishment incurred (death penalty or irreducible life imprisonment) - Guarantees given by the State-applicant. |
|
Délai raisonnable : l'exigence d'un recours effectif en droit interne, note sous l'arrêt Kudla de la Cour européenne des droits de l'homme |
|
|
Pierre-François DOCQUIR |
| Latest update:
11/06/2002 |
First published:
1/11/2001 |
| Reference:
C.D.P.K., 2001/3 |
|
The European Court of Human Rights now demands the existence of effective remedy (Art. 13 ECHR) , allowing an applicant to plead before a national jusrisdiction on grounds of excessive duration of judicial proceedings. |
| |
|
|
| Websites |
|
|
Amnesty International |
| Languages:
Arabic English French Spanish |
 |
|
Country reports and the latest news releases, information on AI latest campaigns and appeals for action to help protect human rights. Section "Library": Research available by country / region / theme.
Links to hundreds of human rights websites. |
|
Right to a Fair Trial |
| Languages:
English French Spanish |
|
|
Sub-site of the UNHCHR dedicated to due process - UN documents and reports. |
|
US Constitution online |
| Languages:
English |
|
|
Glossary Page and FAQ pages. Specific Topic Page concerns Due Process which deals with the 5th Amendment and the 14th Amendment to the US Constitution, in historical context.
|
| |
|
|
| Selected
Case Law |
|
|
Amnesty International v. Zambia |
|
| Date:
5/5/1999 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 212/98, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
|
Illegal deportation of prominent political figures - Alleged "forcible exile" - Freedom of Association - Violation of Articles 2, 7(1)(a), 8, 9(2), 10, 18(1) and (2) - No violation of Article 12 (2) based on restriction. |
|
International Pen, Constitutional Rights Project, Interights on behalf of Ken Saro-Wiwa Jr. and Civil Liberties Organisation v. Nigeria |
|
| Date:
31/10/1998 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 137/94, 139/94, 154/96 and 161/97, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
|
Arrest, detention and execution of writer and activist - Execution while case pending before African Commission - Violation of Articles 1, 4, 5, 6, 7.1(b)(c) and (d), 9.2, 10.1, 11, 16, and 26. |
|
Bob Ngozi Njoku v. Egypt |
|
| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 40/90, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
|
Student arrested in transit through Egypt - Life sentence - No violation - Due process - Freedom of movement. |
|
Union Inter Africaine des Droits de l'Homme and 4 other NGOs v. Angola |
|
| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 159/96, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
|
Illegal expulsions of aliens, including mass expulsions - Violation of Article 2 (Non-discrimination), 7 para. 1a (Due process), 12 paras. 4 and 5 (Prohibition of illegal and mass expulsions), 14 (Right to Property), 18 (Protection of the family). |
|
Rencontre Africaine pour la Défense des Droits de l'Homme v. Zambia |
|
| Date:
10/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 71/92, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
|
Mass deportations - Local remedies not available - Violation of Articles 2 (enjoyment of rights without distinction), 7.1(a) (right to appeal), and 12(5) (prohibition of mass expulsion of non-nationals). |
|
Annette Pagnoulle (on behalf of Abdoulaye Mazou) v. Cameroon |
|
| Date:
4/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 39/90, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
|
Arbitrary detention - Military trial - No reinstatement of victim in his position as a magistrate following amnesty - Violations of Articles 6 (Liberty and security), 7.1(b), 7.1(d) (Due process) and 15 (Right to work). |
|
Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. Zaire |
|
| Date:
10/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications Nos. 25/89, 47/90, 56/91, 100/93 (Joined), in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
|
Economic, social and cultural rights - Zaire violates right to health (Art. 16, by failing to provide basic services) and right to education (Art. 17) - "Serious and massive violations" - Violation of Articles 4, 5, 6, 7, 8, 16 and 17. |
|
Commission Nationale des Droits de l'Homme et des Libertés v. Chad |
|
| Date:
10/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 74/92, in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
|
African Charter does not allow for derogations from treaty obligations during emergency situations - Civil war in Chad cannot be used as an excuse - "Serious and massive violations" - Horizontal effect - Violations of Articles 4, 5, 6, 7. |
|
Civil Liberties Organization v. Nigeria |
|
| Date:
3/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 129/94, in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
|
Communication No. 129/94, in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
|
Krischna Achutan (on behalf of Aleke Banda), Amnesty International on behalf of Orton and Vera Chirwa v. Malawi |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications Nos. 64/92, 68/92, 78/92 in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 11. |
|
Political prisoners - Arbitrary detention - Violation of Articles 4, 5, 6, and 7, para. 1, (a), (c) and (d) (Life, torture, liberty and security, due process). |
|
Constitutional Rights Project c. Nigeria (in respect of Wahab Akamu, G. Adega and others) |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 60/91, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994 - 1995 (ACHPR/RPT/8th), at no. 9. |
|
Violation of Article 7(a), (c) and (d) (Fair trial: avenues of appeal, right to defence, impartial composition of tribunal) - Liberal stance on admissibility - Local remedy (appeal to a governor) did not need exhaustion - Interim measures requested. |
|
Constitutional Rights Project (in respect of Zamani Lakwot and 6 others) v. Nigeria |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 87/93, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 15. |
|
Violation of Article 7(a), (c) and (d) (Fair trial: avenues of appeal, right to defence, impartial composition of tribunal) - Liberal stance on admissibility - Remedy available not of a nature that requires exhaustion according to Art. 56, para. 5. |
|
International Pen v. Sudan (in respect of Kemal al-Jazouli) |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 92/93, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 18. |
|
Victim held incommunicado without charge for 3 months - Inadmissible - Non-exhaustion of local remedies. |
|
Civil Liberties Organization in respect of the Nigerian Bar Association v. Nigeria |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 101/93 in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994 - 1995 (ACHPR/RPT/8th), at no. 19. |
|
Governmental decree alleged to violate freedom of association of Nigerian lawyers (Art. 7) - Violation of Articles 6, 7, and 10 - Commission rules that the decree be annulled. |
|
Krishna Achuthan and Amnesty International v. Malawi |
|
| Date:
1994 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication Nos. 64/92, 68/92, 78/92 in Annex: Decisions/Recommendations on Communications, in African Commission on Human and Peoples' Rights, Seventh Annual Activity Report, 1993-1994, (ACHPR/RPT/7th), at no. 38. |
|
Wrongful detentions and denial of rights. Violation of Articles 4, 5 and 7 (inviolability of the human person, respect for inherent human dignity, due process). |
|
Jean Y. Degli (on behalf of Bikagni) v. Togo |
|
| Date:
1994 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 83/92, linked with 88/93 and 91/93, in Annex: Decisions/Recommendations on Communications, in African Commission on Human and Peoples' Rights, Seventh Annual Activity Report, 1993-1994, (ACHPR/RPT/7th), at no. 43. |
|
Commission confirms interim measures taken to avoid any "irreparable prejudice inflicted on the victim" (follow-up). |
|
Lawyers Committee for Human Rights v. Zaire |
|
| Date:
1994 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 47/90, in Annex: Decisions/Recommendations on Communications, in African Commission on Human and Peoples' Rights, Seventh Annual Activity Report, 1993-1994 (ACHPR/RPT/7th), at no. 52. |
|
Arbitrary arrests, detention, torture, etc. - "Series of serious or massive violations of human and peoples' rights" - Attention of the AHSG called to the situation according to Article 58(1) of the African Charter. |
|
Wynen v. Belgium |
|
| Date:
5/11/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 5 November 2002, no. 32576/96 |
|
Parties to penal proceedings of appeal have different respites to bring in documents - right to a fair trial - violation of art. 6 § 1 ECHR |
|
Mikulic v. Croatia |
|
| Date:
7/2/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 7 February 2002, no. 53176/99 |
|
paternity suit - potential father denies DNA tests - more than 5 year-long proceedings - reasonable-time requirement - violation of art.6 §1 - law provides no means to determine paternity - violation of art.8 - violation of art 13 |
|
Kudla v. Poland |
|
| Date:
26/10/2000 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 26 October 2000. Request n° 30210/96 |
|
Article 3 ECHR: duty of the State to guarantee medical care to detainees - Absence of an effective remedy at national level to allow a ruling on a complaint concerning the right to trial within a reasonable time - Violation of Article 13 ECHR. |
|
Coëme and others v. Belgium |
|
| Date:
18/10/2000 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 18 October 2000. Requests nos 32492/96, 32547/96, 32548/96, 33209/96 and 33210/96. |
|
Competence of the Court of Cassation for the trial of ministers - Absence of pre-established rules of procedure - Absence of legal basis allowing the Court of Cassation to try persons other than ministers - Violation of Article 6 ECHR. |
|
T. v. the United Kingdom |
|
| Date:
16/12/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 16 December 1999. Request n° 24724/94 |
|
Public criminal proceedings against young minors - Murder - Accused unable to take part effectively in the trial - Violation of Article 6 ECHR - Detention "during Her Majesty's pleasure" - No violation of Article 3 ECHR. |
|
V. v. the United Kingdom |
|
| Date:
16/12/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 16 December 1999. Request n° 24888/94. |
|
Public criminal proceedings against young minors - Murder - Accused unable to take part effectively in the trial - Violation of Article 6 ECHR - Detention "during Her Majesty's pleasure" - No violation of Article 3 ECHR. |
|
Pellegrin v. France |
|
| Date:
8/12/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 8 December 1999, Rec. 1999-VIII. n° 28541/95. |
|
Dispute about civil service - Applicability of Article 6 - Uncertain ECHR case law - New criterion - Functional criterion - Employment involving the exercise of powers conferred by public law - Overseas cooperation staff - Exclusion of Article 6. |
|
Brumarescu v. Romania |
|
| Date:
28/10/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 28 October 1999, Reports of Judgments and Decisions 1999-VII, n 28342/95. |
|
Illegal nationalisation of the applicant's house - Quashing of the judgement (exceeding the Court's jurisdiction) - Infringement of the principle of legal certainty - Violation of Article 6 § 1. |
|
Buscemi v. Italy |
|
| Date:
16/9/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 16 September 1999, Recueil 1999-VI. n° 29569/95. |
|
Placement of child in children's home - Article 8 ECHR - Right of the parents to take part in the decision-making process - Magistrate publicly expressing unfavourable views toward the case - Objective impartiality - Violation. |
|
Selmouni v. France |
|
| Date:
28/7/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 28 July 1999, Collection of cases and decisions 1999-V. Request n° 25803/94. |
|
Ill-treatment under police custody - Duty of the State to provide a plausible explanation - Seriousness of facts - Notion of torture - Increasingly high standard required in the protection of human rights - Facts termed as torture. |
|
Botazzi v. Italy |
|
| Date:
28/7/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 28 July 1999, Reports of Judgments and Decisions 1999-V, n°34884/97 |
|
Request of a war pension request - Excessive length of the proceedings (about six years and eight months), failure to meet the "reasonable time" requirement - Violation of Article 6 § 1. |
|
Van Geyseghem v. Belgium |
|
| Date:
21/1/1999 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 21 January 1999, Rec. 1999-I. n° 26103/95. |
|
Absence of the accused in the appeal - Court refuses to grant the defence counsel leave to make submissions - Right of the accused to be effectively defended is a fundamental aspect of due process - Violation of Article 6. |
|
Castillo Algar v. Spain |
|
| Date:
28/10/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 28 October 1998, Recueil 1998-VIII. n° 79/1997/863/1074. |
|
Impartiality of the court - Presumption of personal impartiality until proof of the contrary - Objective impartiality - Objectively justified fear - Judge had previously upheld the act of indictment on appeal - Violation of Article 6 ECHR. |
|
Aerts v. Belgium |
|
| Date:
30/7/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 30 July 1998, Recueil 1998-V. n° 61/1997/845/1051. |
|
Right of access to a court - Legal aid - Refusal by the Legal Aid Board of the Court of Cassation - Final decision in national law - Violation of Article 6 ECHR: it was not for the Legal Aid Board to assess the proposed appeal's prospects of success. |
|
Oliveira v. Switzerland |
|
| Date:
30/7/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 30 July 1998, Recueil 1998-V. n° 84/1997/868/1080. |
|
Violation of traffic law and conviction for negligently inflicting serious physical injury - Non bis in idem - A single criminal act constituting various offences (Concours idéal d'infractions) - No violation of Art. 4 of Protocol 7. |
|
Guérin v. France |
|
| Date:
29/7/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 29 July 1998, Recueil 1998-V, n° 51/1997/835/1041. |
|
Accused refuses to surrender to custody - Inadmissibility of appeal on points of law - Restrictions on the right of access to a tribunal: legitimate aim and proportionality - Right infringed in substance - Violation of Article 6. |
|
Incal v. Turkey |
|
| Date:
9/6/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 9 June 1998, Reports 1998-IV, n°41/1997/825/1031. |
|
Conviction of the applicant for separatist propaganda by the National Security Court - Radical interference - Conviction disproportionate to the aim pursued - Not necessary in a democratic society - Violation of Articles 10 and 6 § 1. |
|
Kurt v. Turkey |
|
| Date:
25/5/1998 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 25 May 1998, Reports 1998-III, n°15/1997/799/1002 |
|
Disappearance of the applicant's son - Absence of credible and substantiated explanation - Violation of Articles 5 and 3 - Denial of effective remedy - Violation of Article 13 - Pressure borne by the applicant - Violation of Article 25. |
|
The Canea Catholic Church v. Greece |
|
| Date:
16/12/1997 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 16 December 1997, Reports 1997-VIII, n°143/1996/762/963. |
|
Denial of legal personality to the church-applicant - Impossibility to bring legal proceedings - Violation of Article 6 § 1 - Difference of treatment of churches unjustified - Violation of Article 14. |
|
A.P., M.P. et T.P. v. Switzerland |
|
| Date:
29/8/1997 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 29 August 1997, Recueil 1997-V. n° 71/1996/690/882. |
|
Tax penalty inflicted on heirs - Tax fraud committed by the deceased - Notion of criminal charge in Article 6 ECHR - Classification under national law, nature of the offence, nature and severity of the penalty - Presumption of innocence - Violation. |
|
M.S. v. Sweden |
|
| Date:
27/8/1997 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 27 August 1997, Rec. 1997-IV, n° 74/1996/693/885. |
|
Medical file communicated the Social Insurance Office by the medical service without informing the patient - No violation of article 8 - No right to contest the communication - Absence of lawsuit on a "civil" right: Article 6 not applicable. |
|
Hornsby v. Greece |
|
| Date:
19/3/1997 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 19 March 1997, Recueil 1997-II. n° 107/1995/613/701. |
|
Council of State decision - Decision left unexecuted by the authorities - Right to a fair trial is illusory if a definitive judgment remains inoperative to the detriment of one of the parties - Violation of Article 6. |
|
Guillemin v. France |
|
| Date:
21/2/1997 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 21 February 1997, Recueil 1997-I, n° 105/1995/611/699. |
|
Expropriation judged illegal - Absence of compensation - Procedure lasted over 14 years - Violation of Art. 6 (1) - Absence of compensation not satisfied by the sum granted at the end of the expropriation procedure - Violation of Art. 1, Prot. 1. |
|
Saunders v. the United Kingdom |
|
| Date:
17/12/1996 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 17 December 1996, Rec. 1996-VI. n° 43/1994/490/572. |
|
Criminal trial - Right not to incriminate oneself - Use of statements made in the context of an administrative investigation - Legal obligation to respond - Right to silence not confined to admission of wrongdoing - Violation of Article 6. |
|
Levages Prestations Services v. France |
|
| Date:
23/10/1996 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 23 October 1996, Rec. 1996-V, n° 51/1995/557/643. |
|
Appeal on points of law - Article 6 applicable - Inadmissible proprio motu - National margin of appreciation - Greater latitude in civil than in penal cases - Specific role of the Court of Cassation - Obligatory recourse to a lawyer - No violation. |
|
Fayed v. the United Kingdom |
|
| Date:
21/9/1994 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 21 September 1994, A294-B. n° 28/1993/423/502. |
|
Ministerial investigation of a public company - No decision on a civil right: Article 6 not applicable to the investigation - Limited possibility to take legal proceedings to challenge the Inspectors' findings: Article 6 applicable - No violation. |
|
Karakaya v. France |
|
| Date:
26/8/1994 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 26 August 1994, A-289 B, n° 12/1994/459/540. |
|
Length of the legal proceedings - Criteria - Complexity of the case - Conduct of the applicant - Attitude of the national authorities - Applicant's stakes in the proceedings - 4 years before the judgment of first instance - Violation of Article 6. |
|
Stanford v. the United Kingdom |
|
| Date:
23/2/1994 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 23 February 1994, A-282 A. n° 50/1992/395/473. |
|
Accused - Hearing problems - Unable to hear the witness statements - Right to participate effectively in trial proceedings - Wide recognition of the fair nature of the proceedings - Presence of the accused's lawyer - No violation of Article 6. |
|
Poitrimol v. France |
|
| Date:
23/11/1993 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 23 November 1993, A277-A . n° 39/1992/384/462. |
|
Absence of the accused, represented by his lawyer - Court refuses to hear the defense - Accused had not surrendered to a warrant issued for his arrest - Appeal on points of law inadmissible - Disproportionate sanctions - Violation of Art. 6. |
|
Dombo Beheer B.V. v. the Netherlands |
|
| Date:
27/10/1993 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 27 October 1993, A 274. n° 37/1992/382/460. |
|
Demands of Due Process not necessarily identical for civil and penal cases - Principles of Due Process for civil cases: equality of arms - Net disadvantage for one party resulting from refusal to hear a witness - Violation of Article 6 (1). |
|
Schuler-Zgraggen v. Switzerland |
|
| Date:
24/6/1993 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 26 June 1993, A-263. n° 17/1992/362/436. |
|
Dispute about social security - Social assistance - Applicability of Article 6 - No violation - Difference in treatment based on sex - Only very strong considerations could justify the differentiation - Violation of Article 14. |
|
Fey v. Austria |
|
| Date:
24/2/1993 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 24 February 1993, A255-A. n° 93/1991/345/418. |
|
Impartial tribunal - Objective impartiality of a judge who took certain preparatory measures before taking the case - Fears of the defendant cannot pass as objectively justified - No violation of Article 6 (1). |
|
de Geouffre de la Pradelle v. France |
|
| Date:
16/12/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 16 December 1992, Series A, vol. 253-B |
|
Prior exhaustion of domestic remedies - Arguments of national law allege, in substance, an infringement of Arts. 6 and 13 ECHR - Absence of a clear, practical and effective opportunity to challenge an administrative act - Violation of Art. 6. |
|
Boddaert v. Belgium |
|
| Date:
12/10/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 12 October 1992, A-235 D, n° 65/1991/317/389. |
|
Length of investigation before committal for trial - Seriousness of the crime (murder) and difficulties of the inquiry (two interwoven cases) - Behaviour of the accused - No violation. |
|
Tomasi v. France |
|
| Date:
27/8/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 27 August 1992, Series A, vol 241-A |
|
Medical reports attest to large number and intensity of blows inflicted - Absence of plausible explanation from Government - Threshold of minimum level of severity is reached - Fight against terrorism cannot justify ill treatment. |
|
Thorgeir Thorgeirson v. Iceland |
|
| Date:
25/6/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 25 June 1992, A 239. n° 47/1991/299/370. |
|
Police brutality - Criticised in the press - Conviction for defamation - Serious question of public interest - Language used cannot be regarded as excessive given the intended effect - Disproportionate interference - Violation of Article 10. |
|
Lüdi v. Switzerland |
|
| Date:
15/6/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 15 June 1992, A-238, n° 17/1991/269/340. |
|
Fight against drug trafficking - Intervention of an undercover agent - Absence of violation of Article 8 - Conviction based on the statements of the undercover agent - Unable to contest the absence of a prosecution witness - Violation of Article 6. |
|
X v. France |
|
| Date:
31/3/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 31 March 1992, A 234 C. n° 81/1991/333/406. |
|
Hemophiliac - Contaminated blood - HIV - Compensation - Reasonableness of the length of the proceedings - Trial lasting more than two years - Complexity of the case - Conduct of the applicant - Conduct of the authorities - Violation of Article 6. |
|
Borgers v. Belgium |
|
| Date:
30/10/1991 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 30 October 1991, A-214 B, n° 39/1990/230/296. |
|
"Ministère public" at the Court of Cassation - Impossible to respond to the conclusions of the "avocat général" - Participation of the avocat général, with a consultative status, at the deliberations - Violation of Article 6 (1). |
|
Brogan and Others v. United Kingdom |
|
| Date:
29/11/1988 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 29 November 1988, n° 10/1987/133/184-187. |
|
Suppression and prevention of terrorism - Extension of detention period authorized by specific legislation - Detention longer than 4 days - Violation of Article 5(3): everyone arrested shall be brought promptly before a judge. |
|
Nydia Erika Bautista de Arellana v. Colombia |
|
| Date:
13/11/1995 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No 563/1993 : Colombia. 13/11/95. CCPR/C/55/D/563/1993 |
|
Illegal detention, torture and summary execution - Agents of the responsible State punished with disciplinary sanctions - Seriousness of the violation requires a criminal sanction - Violation of Articles 2(3), 6(1), 7 and 14(3)(c). |
|
Sandra Fei v. Colombia |
|
| Date:
26/4/1995 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No 514/1992 : Colombia. 26/04/95. CCPR/C/53/D/514/1992 |
|
Failure to respect conditions of custody imposed by a judicial decision - Passivity of competent national authority - Violation of Articles 14(1) and 23(4) in conjunction with Article 17(1). |
|
Barry Stephen Harward v. Norway |
|
| Date:
18/8/1994 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 451/1991 : Norway. 18/08/94. CCPR/C/51/D/451/1991 |
|
Criminal proceedings - Refusal of the national authority to translate documents of the proceedings into the language of the accused - No violation of Article 14(3). |
|
Angel N. Oló Bahamonde v. Equatorial Guinea |
|
| Date:
10/11/1993 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 468/1991 : Equatorial Guinea. 10/11/93. CCPR/C/49/D/468/1991 |
|
Freedom of expression - Political opinions - Confiscation of the passport and private property of an accused - Violation of Articles 9, 12, 14 et 26 - Damages in kind. |
|
Arvo O. Karttunen v. Finland |
|
| Date:
5/11/1992 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/46/D/387/1989 |
|
Fraudulent bankruptcy - Question of the validity of the in camera hearings imposed by the court - Violation of article 14(1) (due process). |
|
Miguel González del Río v. Peru |
|
| Date:
28/10/1992 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 263/1987 : Peru. 28/10/92. CCPR/C/46/D/263/1987 |
|
Embezzlement of public funds - Ban on leaving the country for 7 years in spite of an absence of an indictment - Violation of Articles 12 (2) (right to leave a country) and 14(1) (due process). |
|
Yves Morael v. France |
|
| Date:
28/7/1989 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/36/D/207/1986 |
|
Bankruptcy - Due process - Inapplicability of the presumption of innocence in a civil proceeding - Burden of proof in a civil proceeding - No violation of Articles 14, 17 and 26. |
|
B. d. B. et al. v. The Netherlands |
|
| Date:
2/5/1989 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/35/D/273/1988 |
|
Administrative error - Differential treatment in the perception of the contribution of members of the same profession - Communication based on Articles 14(1) and 26 - Inadmissible. |
|
Antti Vuolanne v. Finland |
|
| Date:
2/5/1989 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/35/D/265/1987. |
|
Military detention for disciplinary reasons - violation of Article 9(4) (right to proceedings before a court without delay). |
|
Earl Pratt and Ivan Morgan v. Jamaica |
|
| Date:
7/4/1989 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/35/D/210/1986 |
|
Death row - The condemned were only informed of a judicial decision granting them a reprieve 45 minutes before they were to be executed - Violation of Articles 7 (cruel and inhuman treatment) and 14. |
|
R.M. v. Finland |
|
| Date:
27/3/1989 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/35/D/301/1988 |
|
Error in criminal procedure - Testimony of a mentally incapable co-defendant in the criminal process - Media influence - Communication based on articles 7, 14 and 17 - Inadmissible. |
|
Rubén Toribio Muñoz Hermoza v. Peru |
|
| Date:
17/11/1988 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/34/D/203/1986 |
|
Fair hearing - Temporary suspension of a civil servant - Delay of 7 years before judgment was received - Delay of two and a half years before implementation of the judgment - Unreasonable delay - Violation of article 14(1). |
|
Graciela Ato del Avellanal v. Peru |
|
| Date:
31/10/1988 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/34/D/202/1986 |
|
Legal prohibition against women representing matrimonial assets before the courts - Equality before the law - Discrimination on the basis of sex - Violation of Articles 3, 14(1) and 26. |
|
Eric Hammel v. Madagascar |
|
| Date:
3/4/1987 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/29/D/155/1983 |
|
Detention and deportation of a foreigner - Violation of Article 9(4) - Violation of Article 13 (right of a deported foreigner to submit reasons against his expulsion and to have his case reviewed by the competent authorities). |
|
Andre Alphonse Mpaka-Nsusu v. Zaïre |
|
| Date:
26/3/1986 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/27/D/157/1983 |
|
Attempt to establish a second political party in Zaire - Arbitrary detention - Persecution for political opinions - Violation of the freedom of movement and the right to participate in political life - Inadmissible based on Article 1. |
|
Antonio Viana Acosta v. Uruguay |
|
| Date:
29/3/1984 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/21/D/110/1981 |
|
Arrest and detention of a journalist - Torture and cruel, inhuman and degrading treatment - Notion of inhuman treatment - Violation of Articles 7, 10 and 14. |
|
Luyeye Magana ex-Philibert v. Zaïre |
|
| Date:
21/7/1983 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/19/D/90/1991 |
|
Arrest and detention for a period of 9 months - Inhumane treatment - Lack of effective remedy under domestic law - Violation of Articles 2, 9 and 10. |
|
Duilio Fanali v. Italy |
|
| Date:
31/3/1983 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/18/D/75/1980 |
|
In particular cases the Italian judicial system limited the right of appeal to a higher court - Examination of the validity and scope of the Italian reservation with respect to Article 14(5) - No violation of article 14(5). |
|
Daniel Monguya Mbenge v. Zaïre |
|
| Date:
25/3/1983 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/18/D/16/1977 |
|
Death penalty - Lack of effective domestic remedy - Failure to respect rules of due process - Violation of Articles 6(2), 9 and 14. |
|
Miguel Angel Estrella v. Uruguay |
|
| Date:
23/3/1983 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/18/D/74/1980 |
|
Detention in inhumane conditions - Torture and inhuman treatment - Violation of due process - Violation of Articles 7, 10, 14 and 17. |
|
Amendola Masslotti and Baritussio v. Uruguay |
|
| Date:
26/7/1982 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/16/D/25/1978 |
|
Arrest and detention - Kept in secret - Torture - Inhuman and degrading treatment - Military tribunal - Violation of Article 7. |
|
Bleier v. Uruguay |
|
| Date:
29/3/1982 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/15/D/30/1978 |
|
Arrest and detention - Kept in secret - Torture and cruel, inhuman and degrading treatment - Violation of Article 6 (right to life) - Burden of proof on the state - Violations of Articles 7, 9 and 10. |
|
Consuelo Salgar de Montejo v. Colombia |
|
| Date:
24/3/1982 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/15/D/64/1979 |
|
Sentence by a military tribunal - No possibility of legal review by a higher court - Expression "according to law" (art 14(5)) - Consideration of the seriousness of the conviction - Violation of article 14(5). |
|
Larry James Pinkney v. Canada |
|
| Date:
29/10/1981 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/14/D/27/1977 |
|
Delay of two and a half years to produce a copy of the trial decision (transcripts) needed to file an appeal - Objective responsibility of the state - Conditions of detention - Prison labor - Violation of articles 14(3) and 14(5). |
|
Sergio Ruben Lopez Burgos v. Uruguay |
|
| Date:
29/7/1981 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 52/1979 : Uruguay. 29/07/81. CCPR/C/13/D/52/1979 |
|
Arbitrary arrest and detention -
Kidnapping carried out in the territory of another State - Torture - Judicial guarantees - Trade union activities - Violation of Articles 7, 9, 14, 19 and 22. |
|
Luciano Weinberger Weisz v. Uruguay |
|
| Date:
29/10/1980 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/11/D/28/1978 |
|
Arbitrary arrest and detention - Cruel treatment - Deprivation of the right to participate in political activities for 15 years - Violation of articles 7, 9, 10, 14, 15, 19, 25 - Excessive restriction on the political rights of a criminal offender. |
|
Beatriz Weismann and Alcides Lanza Perdomo v. Uruguay |
|
| Date:
3/4/1980 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/9/D/8/1977 |
|
Arrest and arbitrary detention - Due process - Application of freedom of expression - Right to free expression of political opinions - Violation of articles 7, 9, 10, 14 and 19. |
|
Edgardo Dante Santullo Valcada v. Uruguay |
|
| Date:
26/10/1979 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/8/D/9/1977 |
|
Arrest and arbitrary detention - Positive obligation on the state - Habeas corpus - Violation of Articles 2 and 9 - No violation of Article 7 (torture). |
|
Moriana Hernandez Valentini de Bazzano v. Uruguay |
|
| Date:
15/8/1979 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/7/D/5/1977 |
|
Torture, cruel, inhuman and degrading treatment and punishment suffered by a prisoner - Notion of torture - Right to visit of parents of prisoners - Violation of Articles 7, 10, 14 and 25. |
|
Barrios Altos Case (No. 75) |
|
| Date:
14/3/2001 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Barrios Altos, Decision and Judgement. IACHR Series C. N° 75. March 14, 2001. (See also No. 83, ...). |
|
Armed aggression of some 15 civilians - Recognition of responsibility by the Peruvian State - Violation of articles 4 (Life), 5 (Torture), 8 and 25 (Judicial guarantees and protection). |
|
Ivcher Brostein Case (No. 74) |
|
| Date:
6/2/2001 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Ivcher Brostein, Decision and Judgement. IACHR Series C. N° 74. February 6, 2001. (See also Nos. 54, 84). |
|
Television transmission denouncing atrocities committed by the Peruvian army - Loss of nationality - Violation of articles 20 (Right to a nationality), 8 & 25 (Judicial guarantees and protection), 21 (Private property) and 13 (Freedom of expression). |
|
Ricardo Baena Case (No. 72) |
|
| Date:
3/2/2001 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Ricardo Baena, Decision and Judgement. IACHR Series C. N° 72. February 3, 2001. (See also No. 61) |
|
Dismissal of 270 public officials - Right to strike and freedom of association - Retroactive legislation - Violation of articles 9 (Freedom from ex post facto laws), 8 and 25 (Judicial guarantees and protection). |
|
Constitutional Court Case (No. 71) |
|
| Date:
31/1/2001 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Constitutional Court, Decision and Judgement. IACHR Series C. N° 71. January 31, 2001. (See also No. 55) |
|
Dissolution of Congress and the Constitutional Court by President Fujimori - Anti-Constitutional presidential decree - Infringement on the independence of Constitutional Court judges - Violation of articles 8 & 25 (Judicial guarantees & protection). |
|
Trujillo Oroza Case (No. 64) |
|
| Date:
26/1/2000 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Trujillo Oroza, Decision and Judgement. IACHR Series C. N° 64. January 26, 2000. |
|
Arbitrary arrest and detention - Forced disappearance - Recognition of responsibility by the Bolivian State - Attempt to reach a friendly settlement - Violation of arts. 3 (Juridical personality), 4 (Life), 5 (Torture), 8 & 25 (Judicial guarantees). |
|
Villagran Morales et al. Case (No. 63) |
|
| Date:
19/11/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Villagrán Morales et al., Decision and Judgement. IACHR Series C. N° 63. November 19, 1999. (See also Nos. 32, 77). |
|
Execution of five minors ("street children") - Acts presumably committed by the police - Denial of justice - Violation of article 7 (Arbitrary detention), 4 (Life), 5 (Torture), 19 (Rights of the child), 8 and 25 (Judicial guarantees and protection). |
|
Cesti Hurtado Case (No. 62) |
|
| Date:
19/11/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Cesti Hurtado, Request for Interpretation of the Judgement of September 29, 1999. IACHR Series C. N° 62. November 19, 1999. (See also Nos. 49, 56, 65, 78). |
|
Habeas Corpus - Criminal suit by a military jurisdiction - Incompetence ratione personae of jurisdiction - Supreme Court refuses to execute the decision and orders release and annulment of the military judgment. |
|
Loayza Tamayo Case (No. 60) |
|
| Date:
17/11/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Loayza Tamayo, Addendum. IACHR Series C. N°60. November 17, 1999. (See also Nos. 25, 33, 42, 47, 53). |
|
Arbitrary detention - Torture (rape) - Due process - Non bis in idem - Violation of articles 7 (Right to personal liberty), 25 and 1.1, 8 (Judicial guarantees) - Rejection of compensation to cover damages to the victim's "life plan". |
|
Castillo Petruzzi et al. Case (No. 59) |
|
| Date:
17/11/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Castillo Petruzzi, Addendum. IACHR Series C. N° 59. November 17, 1999. (See also Nos. 41, 52). |
|
Criminal suit for treason held against non-nationals - Military jurisdiction - Due process - Exhaustion of domestic remedies - Partial acceptance of the preliminary objection (Vienna Convention on Consular Relations). |
|
Caracazo Case (No. 58) |
|
| Date:
11/11/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Caracazo, Decision and Judgement. IACHR Series C. N° 58. November 11, 1999. |
|
267 persons massacred during the popular revolt of 27 February 1989 - Acts presumably committed by the Venezuelan security forces - Violation of articles 4.1 (Life), 5 (Torture), 7 (Personal liberty), 8.1 & 25.1 (Judicial guarantees & protection). |
|
Blake Case (No. 57) |
|
| Date:
1/10/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Blake, Interpretation of Judgement of Reparations. IACHR Series C. N°57. October 1, 1999. (See also Nos. 27, 36, 48). |
|
Disappearance - Acts presumably committed by paramilitaries - Judicial guarantees - Denial of justice - Continued infraction - Incompetence of the court - Violation of articles 8 and 25 (Judicial guarantees and protection) and 5 (personal integrity). |
|
Cesti Hurtado Case (No. 56) |
|
| Date:
29/9/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Cesti Hurtado, Decision and Judgement. IACHR Series C. N° 56. September 29, 1999. (See also Nos. 49, 62, 65, 78). |
|
Habeas Corpus - Criminal suit by a military jurisdiction - Incompetence ratione personae of jurisdiction - Supreme Court refuses to execute the decision and orders release and annulment of the military judgment. |
|
Ivcher Brostein Case (No. 54) |
|
| Date:
24/9/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Ivcher Brostein, Competence. IACHR Series C. N° 54. September 24, 1999. (See also Nos. 74, 84). |
|
Television transmission denouncing atrocities committed by the Peruvian army - Loss of nationality - Violation of articles 20 (Right to a nationality), 8 & 25 (Judicial guarantees and protection), 21 (Private property) and 13 (Freedom of expression). |
|
Constitutional Court Case (No. 55) |
|
| Date:
24/9/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Constitutional Court, Competence. IACHR Series C. N° 55. September 24, 1999. (See also No. 71) |
|
Dissolution of Congress and the Constitutional Court by President Fujimori - Anti-Constitutional presidential decree - Infringement on the independence of Constitutional Court judges - Violation of articles 8 & 25 (Judicial guarantees & protection). |
|
Loayza Tamayo Case (No. 53) |
|
| Date:
3/6/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Loayza Tamayo, Interpretation of the judgement of November 27, 1998. IACHR Series C. N°53. June 3, 1999. (See also Nos. 25, 33, 42, 47, 60). |
|
Arbitrary detention - Torture (rape) - Due process - Non bis in idem - Violation of articles 7 (Right to personal liberty), 25 and 1.1, 8 (Judicial guarantees) - Rejection of compensation to cover damages to the victim's "life plan". |
|
Castillo Petruzzi et al. Case (No. 52) |
|
| Date:
30/5/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Castillo Petruzzi, Decision and Judgement. IACHR Series C. N° 52. May 30, 1999. (See also Nos. 41, 59). |
|
Criminal suit for treason held against non-nationals - Military jurisdiction - Due process - Exhaustion of domestic remedies - Partial acceptance of the preliminary objection (Vienna Convention on Consular Relations). |
|
Suárez Rosero Case (No. 51) |
|
| Date:
29/5/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Suárez Rosero, Interpretation of the judgement of January 20, 1999 (reparations). IACHR Series C. N° 51. May 29,1999. (See also Nos. 35, 44). |
|
Arbitrary detention - Kept in secret - Violation of articles 7 (Right to personal liberty), 8 (judicial guarantees), 5 (Physical integrity) and 25 (judicial protection) - Reparation. |
|
Durand and Ugarte Case (No. 50) |
|
| Date:
28/5/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Durand and Ugarte, Preliminary Objections. IACHR Series C. N° 50. May 28, 1999. (See also No. 68). |
|
Disappearance of imprisoned persons - Violation of articles 4 (Right to life), 5.2 (Torture), 7.1, 7.5, 7.6 (Right to personal liberty), 8 and 25 (Judicial guarantees and protection). |
|
Cesti Hurtado Case (No. 49) |
|
| Date:
26/1/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Cesti Hurtado, Preliminary Objections. IACHR Series C. N° 49. January 26, 1999. (See also Nos. 56, 62, 65, 78). |
|
Habeas Corpus - Criminal suit by a military jurisdiction - Incompetence ratione personae of jurisdiction - Supreme Court refuses to execute the decision and orders release and annulment of the military judgment. |
|
Blake Case (No. 48) |
|
| Date:
22/1/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Blake, Reparations (Art. 63(1) American Convention on Human Rights). IACHR Series C. N°48. January 22, 1999. (See also Nos. 27, 36, 57). |
|
Disappearance - Acts presumably committed by paramilitaries - Judicial guarantees - Denial of justice - Continued infraction - Incompetence of the court - Violation of articles 8 and 25 (Judicial guarantees and protection) and 5 (personal integrity). |
|
Suárez Rosero Case (No. 44) |
|
| Date:
20/1/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Suárez Rosero, Reparations (Art. 63(1) American Convention on Human Rights). IACHR Series C. N° 44. January 20, 1999. (See also Nos. 35, 51). |
|
Arbitrary detention - Kept in secret - Violation of articles 7 (Right to personal liberty), 8 (judicial guarantees), 5 (Physical integrity) and 25 (judicial protection) - Reparation. |
|
Loayza Tamayo Case (No. 42) |
|
| Date:
27/11/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Loayza Tamayo, Reparations (Art. 63(1) American Convention on Human Rights). IACHR Series C. N°42. November 27, 1998. (See also Nos. 25, 33, 47, 53, 60). |
|
Arbitrary detention - Torture (rape) - Due process - Non bis in idem - Violation of articles 7 (Right to personal liberty), 25 and 1.1, 8 (Judicial guarantees) - Rejection of compensation to cover damages to the victim's "life plan". |
|
Cantoral Benavides Case (No. 40) |
|
| Date:
30/9/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Cantoral Benavides, Preliminary Objections. IACHR Series C. N° 40. September 3, 1998. (See also Nos. 69, 90). |
|
Terrorism - Legal action against two twin brothers - Interchanged identity allowed the escape of a convict - Non bis in idem - Torture - Judicial guarantees - Reparation. |
|
Castillo Petruzzi Case (No. 41) |
|
| Date:
4/9/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Castillo Petruzzi, Preliminary Objections. IACHR Series C. N° 41. September 4, 1998. (See also Nos. 52, 59). |
|
Criminal suit for treason held against non-nationals - Military jurisdiction - Due process - Exhaustion of domestic remedies - Partial acceptance of the preliminary objection (Vienna Convention on Consular Relations). |
|
Benavides Ceballos Case (No. 38) |
|
| Date:
19/6/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Benavides Ceballos, Decision and Judgement. IACHR Series C. N° 38. June 19, 1998. |
|
Arbitrary arrest and detention - Torture - Homicide - Denial of justice - Violation of article 3 (Juridical personality), 4 (Life), 5 (Humane treatment), 7 (Personal liberty), 8 and 25 (Judicial protection and guarantees) - Friendly settlement. |
|
Paniagua Morales et al. Case (No. 37) |
|
| Date:
8/3/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Paniagua Morales et al., Decision and Judgement. IACHR Series C. N°37. March 8, 1998. (See also Nos. 23, 76) |
|
Arbitrary arrest and detention and homicide - Torture and inhuman treatment - Presumed acts committed by police agents - Violation of articles 4 (Right to life), 5 (humane treatment), 8 (judicial guarantees) and 25 (right to judicial protection). |
|
Loayza Tamayo Case (No. 47) |
|
| Date:
8/3/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Loayza Tamayo, Application for Interpretation of the Judgement of September 17, 1997. IACHR Series C. N°47. Order of the Court of March 8, 1998. (See also Nos. 25, 33, 42, 53, 60). |
|
Arbitrary detention - Torture (rape) - Due process - Non bis in idem - Violation of articles 7 (Right to personal liberty), 25 and 1.1, 8 (Judicial guarantees) - Rejection of compensation to cover damages to the victim's "life plan". |
|
Blake Case (No. 36) |
|
| Date:
24/1/1998 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Blake, Decision and Judgement. IACHR Series C. N°36. January 24, 1998. (See also Nos. 27, 48, 57). |
|
Disappearance - Acts presumably committed by paramilitaries - Judicial guarantees - Denial of justice - Continued infraction - Incompetence of the court - Violation of articles 8 and 25 (Judicial guarantees and protection) and 5 (personal integrity). |
|
Suárez Rosero Case (No. 35) |
|
| Date:
12/11/1997 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Suárez Rosero, Decision and Judgement. IACHR Series C. N° 35. November 12, 1997. (See also Nos. 44, 51). |
|
Arbitrary detention - Kept in secret - Violation of articles 7 (Right to personal liberty), 8 (judicial guarantees), 5 (Physical integrity) and 25 (judicial protection) - Reparation. |
|
Loayza Tamayo Case (No. 33) |
|
| Date:
17/9/1997 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Loayza Tamayo, Decision and Judgement. IACHR Series C. N°33. September 17, 1997. (See also Nos. 25, 42, 47, 53, 60). |
|
Arbitrary detention - Torture (rape) - Due process - Non bis in idem - Violation of articles 7 (Right to personal liberty), 25 and 1.1, 8 (Judicial guarantees) - Rejection of compensation to cover damages to the victim's "life plan". |
|
Genie Lacayo Case (No. 45) |
|
| Date:
13/9/1997 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Genie Lacayo, Application for Judicial Review of the Judgment of January 29, 1997. IACHR Series C. N°45. September 13, 1997. (See also Nos. 21, 30) |
|
Murder of Jean-Paul Genie by the bodyguards of General Ortega (members of the army) - Absence of criminal conviction - Denial of justice - Petition based on article 8 (Judicial guarantees) - Violation - Interpretation of article 8. |
|
Villagrán Morales et al. Case (No. 32) |
|
| Date:
11/9/1997 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Villagrán Morales et al., Preliminary Objections. IACHR Series C. N° 32. September 11, 1997. (See also Nos. 63, 77). |
|
Execution of five minors ("street children") - Acts presumably committed by the police - Denial of justice - Violation of article 7 (Arbitrary detention), 4 (Life), 5 (Torture), 19 (Rights of the child), 8 and 25 (Judicial guarantees and protection). |
|
Genie Lacayo Case (No. 30) |
|
| Date:
29/1/1997 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Genie Lacayo, Decision and Judgement. IACHR Series C. N°30. January 29,1997. (See also Nos. 21, 45) |
|
Murder of Jean-Paul Genie by the bodyguards of General Ortega (members of the army) - Absence of criminal conviction - Denial of justice - Petition based on article 8 (Judicial guarantees) - Violation - Interpretation of article 8. |
|
Neira Alegría et al. Case (No. 29) |
|
| Date:
19/12/1996 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Neira Alegría et al. Reparations (Art. 63(1) American Convention on Human Rights). IACHR Series C. N°29. September 19, 1996. (See also Nos. 13, 20). |
|
Arrest and detention - Accusation related to terrorist acts - Disappearance after detention center placed under army control - Violation of articles 4.1 (Right to life), 7.6 (Habeas Corpus) and 27.2 (judicial guarantees) - Reparation. |
|
Blake Case (No. 27) |
|
| Date:
2/7/1996 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Blake, Preliminary Objections. IACHR Series C. N°27. July 2, 1996. (See also Nos. 36, 48, 57). |
|
Disappearance - Acts presumably committed by paramilitaries - Judicial guarantees - Denial of justice - Continued infraction - Incompetence of the court - Violation of articles 8 and 25 (Judicial guarantees and protection) and 5 (personal integrity). |
|
Loayza Tamayo Case (No. 25) |
|
| Date:
31/1/1996 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Loayza Tamayo, Preliminary Objections. IACHR Series C. N°25. January 31, 1996. (See also Nos. 33, 42, 47, 53, 60). |
|
Arbitrary detention - Torture (rape) - Due process - Non bis in idem - Violation of articles 7 (Right to personal liberty), 25 and 1.1, 8 (Judicial guarantees) - Rejection of compensation to cover damages to the victim's "life plan". |
|
Paniagua Morales et al. Case (No. 23) |
|
| Date:
25/1/1996 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Paniagua Morales et al., Preliminary Objections. IACHR Series C. N°23. January 25, 1996. (See also Nos. 37, 76) |
|
Arbitrary arrest and detention and homicide - Torture and inhuman treatment - Presumed acts committed by police agents - Violation of articles 4 (Right to life), 5 (humane treatment), 8 (judicial guarantees) and 25 (right to judicial protection). |
|
Genie Lacayo Case (No. 21) |
|
| Date:
27/1/1995 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Genie Lacayo, Preliminary Objections. IACHR Series C. N°21. January 27, 1995. (See also Nos. 30, 45) |
|
Murder of Jean-Paul Genie by the bodyguards of General Ortega (members of the army) - Absence of criminal conviction - Denial of justice - Petition based on article 8 (Judicial guarantees) - Violation - Interpretation of article 8. |
|
Neira Alegría et al. Case (No. 20) |
|
| Date:
19/1/1995 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Neira Alegría et al. Decision and Judgement. IACHR Series C. N°20. January 19, 1995. (See also Nos. 13, 29). |
|
Arrest and detention - Accusation related to terrorist acts - Disappearance after detention center placed under army control - Violation of articles 4.1 (Right to life), 7.6 (Habeas Corpus) and 27.2 (judicial guarantees) - Reparation. |
|
Maqueda Case (No. 18) |
|
| Date:
17/1/1995 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Maqueda. IACHR Series C. N°18. January 17, 1995. |
|
Attack perpetrated by members of a political party against military personnel allegedly in order to prevent a coup d'état - Unlawful assembly - Crime of forceful resistance - Due process - Withdrawal. |
|
Gangaram Panday Case (No. 16) |
|
| Date:
21/1/1994 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Gangaram Panday, Decision and Judgement. IACHR Series C. N°16. January 21, 1994. (See also No. 12) |
|
Detention - Infringement on the right to life - Acts committed by police - Complaint submitted by the brother of the presumed victim - Violation of article 7.2 (Right to personal liberty) - Rejection based on articles 5, 25 and 4 - Compensation. |
|
Cayara Case (No. 14) |
|
| Date:
3/2/1993 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Cayara, Preliminary Objections. IACHR Series C: N°14. February 3, 1993. |
|
Altercation between the Peruvian army and an armed "Shining Path" group - Reprisals - Execution of civilians - Petition rejected - Expiration of procedural period set down in article 51. |
|
Neira Alegría et al. Case (No. 13) |
|
| Date:
11/12/1991 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Neira Alegría et al. Preliminary Objections. IACHR Series C. N°13. December 11, 1991. (See also Nos. 20, 29). |
|
Arrest and detention - Accusation related to terrorist acts - Disappearance after detention center placed under army control - Violation of articles 4.1 (Right to life), 7.6 (Habeas Corpus) and 27.2 (judicial guarantees) - Reparation. |
|
Gangaram Panday Case (No. 12) |
|
| Date:
4/12/1991 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Gangaram Panday, Preliminary Objections. IACHR Series C. N°12. December 4, 1991. (See also No. 16) |
|
Detention - Infringement on the right to life - Acts committed by police - Complaint submitted by the brother of the presumed victim - Violation of article 7.2 (Right to personal liberty) - Rejection based on articles 5, 25 and 4 - Compensation. |
| |
|
|
| Case Law
Websites |
|
|
Commonwealth Human Rights Case Law Database (The) |
| Languages:
English |
|
|
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions. |
|
Council of Europe - Human Rights Web |
| Languages:
English French |
|
|
Search the case-law of the European Convention on Human Rights control bodies. |
|
Inter-American Court of Human Rights |
| Languages:
English Spanish |
|
|
Search the case law of the Inter-American Court. |
|
International Human Rights Law Database (The) |
| Languages:
English |
|
|
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database. |
|
Legislationline |
| Languages:
English |
|
|
Compiles international texts and domestic legislation in the OSCE region dealing with the rule of law and the protection of human rights and fundamental freedoms. Accessible by topic, country, or through the search engine. |
|
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos |
| Languages:
Spanish |
|
|
Directory of the case law of the Inter-American Court 1980 - 1997. |
| |
|
|
| Reports |
|
|
Issue of the administration of justice through military tribunals |
|
|
Louis Joinet |
Date:
9/7/2002 |
| Reference:
Distr. GENERAL, E/CN.4/Sub.2/2002/4, 9 July 2002 |
| Source:
United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights |
|
Typology of the jurisdiction of military tribunals and its evolution.
Trial of civilians by military tribunals. Three scenarios are considered: (a) Trial of civilians who have ties to the military (camp followers and civil servants working in the army); (b) Trial of civilians for offences committed together with members of the armed forces; (c) Trial of civilians who have no functional ties to the military and who do not fall within the second scenario but who are subject to the jurisdiction of military tribunals.
Typology of the composition of military tribunals and its evolution.
Conclusions and recommendations. |
|
Discrimination in the criminal justice system - Final working paper |
|
|
Leïla Zerrougui |
Date:
23/5/2002 |
| Reference:
Distr. GENERAL, E/CN.4/Sub.2/2002/5, 23 May 2002 |
| Source:
United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights |
|
World Conference against Racism; Implications of the tragedy of 11 September 2001; The fragile status of aliens and discriminatory mechanisms in inter-State cooperation on criminal matters; The unsuitability of national criminal justice systems for the needs of vulnerable populations; Conclusions and recommendations. |
|
Independence of judges and lawyers - Report of the Special Rapporteur |
|
|
Dato' Param Cumaraswamy (Rapporteur spécial de la Commission des droits de l'homme de l'ONU / Special Rapporteur of the UN Commission on Human Rights) |
Date:
11/2/2002 |
| Reference:
Distr. GENERAL, E/CN.4/2002/72, 11 February 2002 |
| Source:
United Nations Commission on Human Rights |
|
The Special Rapporteur has undertaken a study with a view to developing universal guidelines for judicial accountability.
The Special Rapporteur is concerned about the possible effect of anti-terrorism measures on the rule of law and the independence of the judiciary.
Generally, the Special Rapporteur regrets that the situation of the independence of the judiciary and the rule of law remains delicate throughout the world. He is concerned in particular about repeated efforts by some Governments to interfere with the independence of the judiciary which may go as far as removing judges. The security situation of judges, prosecutors and lawyers in some countries also remains a cause for concern. Among his recommendations, the Special Rapporteur calls upon Governments to take appropriate measures to protect the security of judges, prosecutors and lawyers, and to do everything in their power to apprehend the perpetrators of these acts and bring them to justice. |
|
Report of the Special Rapporteur on extrajudicial, summary, or arbitrary executions - Report of the Special Rapporteur |
|
|
Asma Jahangir (Rapporteuse spéciale de la Commission des droits de l'homme de l'ONU / Special Rapporteur of the UN Commission on Human Rights) |
Date:
9/1/2002 |
| Reference:
Distr. GENERAL, E/CN.4/2002/74, 9 January 2002 |
| Source:
United Nations Commission on Human Rights |
|
This report covers information received and communications sent by the Special Rapporteur on extrajudicial, summary or arbitrary executions in the period from 11 December 2000 to 1 December 2001.
The Special Rapporteur's report describes action taken in regard to various forms of violations of the right to life. It also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened. The Special Rapporteur also discusses the situation of a number of specific categories of victims, who are particularly vulnerable or have been directly targeted for extrajudicial execution.
Addendum 1 to the report contains the Special Rapporteur's report on her mission to Turkey from 19 February to 1 March 2001. The visit was mainly aimed at allowing the Special Rapporteur to investigate in situ allegations of violations of the right to life. |
|
For the Record 2001: The European Human Rights System |
|
|
Human Rights Internet & Netherlands Institute of Human Rights / Internet des droits humains et l' Institut néerlandais des droits de l'homme |
Date:
2001 |
| Reference:
- |
| Source:
Human Rights Internet & Netherlands Institute of Human Rights |
|
A review of the major human rights developments in the European human rights system (within the Council of Europe). Organized thematically and by country. Focuses on developments in the scope of: European Convention on Human Rights; European Social Charter; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and its protocols; Framework Convention for the Protection of National Minorities; and the European Commission against Racism and Intolerance.
A major distinguishing feature of FTR Europe is that it contains summaries of human rights case law. |
|
The administration of justice and human rights - Report of the sessional working group |
|
|
Groupe de travail session sur l'administration de la justice / Sessional working group on the administration of justice |
Date:
15/8/2000 |
| Reference:
Distr. GENERAL, E/CN.4/Sub.2/2000/44, 15 August 2000 |
| Source:
United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights |
|
Report of the sessional working group on the administration of justice. Key issues:
- issues related to the deprivation of the right to life, with special reference to imposition if the death penalty and to summary, arbitrary and extrajudicial executions;
- privatisation of prisons;
- improvement and efficiency of the judicial instruments for the protection of human rights at the national level and their impact at the international level;
- administration of justice through military tribunals and other exceptional jurisdictions;
- the domestic implementation in practice of the obligation to provide effective domestic remedies. |
|
What is a Fair Trial? A Basic Guide to Legal Standards and Practice |
|
|
Lawyers' Committee for Human Rights |
Date:
3/2000 |
| Reference:
http://www.lchr.org/pubs/fairtrialcontents.htm |
| Source:
Lawyers' Committee for Human Rights, International Justice Papers |
|
A guide for trial observers. Much basic information about the international standards of fair trial. |
|
Extrajudicial, Summary or Arbitrary Executions |
|
|
HCDH / OHCHR |
Date:
inconnue |
| Reference:
Fact Sheet No. 11 (Rev.1) |
| Source:
Office of the United Nations High Commissioner for Human Rights |
|
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
| |
|
|
| Books |
|
|
Jurisprudence de la Cour Européenne des Droits de l'Homme |
|
|
Vincent BERGER |
| Reference:
Paris, Dalloz, 2000 |
| Languages:
French |
|
Analytical summaries of the most important decisions rendered by the European Court of Human Rights since its creation in 1959.
This book does not contain commentaries on the of the soundness of the decisions or the Court's reasoning. |
|
European Human Rights Law : Text and Materials |
|
|
Anthony BRADLEY - Mark JANIS - Richard KAY |
| Reference:
Oxford, Clarendon Press, 1995 |
| Languages:
English |
|
The legal process and the substantive law developed pursuant to the Council of Europe's Convention on Human Rights and Fundamental Freedoms.
Institutions and procedures - Selected substantive areas of adjudication - Application in domestic law. |
|
The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights: An Analysis of the Application of the Convention and a Comparison with Other Instruments |
|
|
Stephanos STAVROS |
| Reference:
Dordrecht / Boston/ London, International Studies in Human Rights, Volume 24, Martinus Nijhoff Publishers, 1993 |
| Languages:
English |
|
An in-depth analysis of the case-law under article 6. The Scope of Application - The Standard of Fairness in the "Traditional Field of Application" - The Standard of Fairness for Quasi-Criminal Proceedings. |
|
Cinquantième anniversaire de la Convention européenne des droits de l'homme |
|
|
C. Teitgen-Colly Ed. - Catherine TEITGEN-COLLY |
| Reference:
Bruxelles, Droit & Justice 33, Nemesis - Bruylant, 2002 |
| Languages:
French |
|
Conference(2000)
I. Origins of the ECHR
II. Influence of the ECHR
(recent democraties, futur)
III. Case-law (access to law, fair trial, freedom of speech, foreigners, relations between private persons)
IV. French judges and the ECHR |
|
Procédure(s) et effectivité des droits |
|
|
D. d'Ambra, F. Benoît-Rohmer, C. Grewe Ed. |
| Reference:
Bruxelles, Droit et Justice, 49, Bruylant, 2003 |
| Languages:
French |
|
Judges are the guarantors of the effectiveness of fundamental rights. It is then necessary to understand the principle of effectiveness of judicial procedures, its requirements and applications. The book presents comparative law studies in that aim. |
|
Le ministère public et les exigences du procès équitable |
|
|
I. Pingel, J.-F. Flauss Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
French |
|
Collected papers from a seminar confronting the ECHR's case law on the role of public attorneys or prosecutors (I. preparatory phase ; II. decision) with the practices of French High Courts and of the European Court of Justice. |
|
La Grèce devant la Cour européenne des droits de l'homme |
|
|
P. Lambert Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
|
|
Analysis of the European Court of Human Right's case-law concerning Greece. |
|
Les mesures relatives aux étrangers à l'épreuve de la Convention européenne des droits de l'homme |
|
|
P. Lambert, C. Pettiti Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
French |
|
Collected papers from a 2003 seminar dedicated to the European Court of Human Rights' case-law related to the various situations that non-national foreigners are confronted with (non admission, asylum, deportation, "double punishment"). |
| |
|
|
| Periodicals |
|
|
Revue trimestrielle des droits de l'homme |
|
| Reference:
Bruxelles, Nemesis |
| Contact:
vf@lambert.be |
http://www.revtrdrh.be |
| Languages:
French |
|
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues. |
| |
|
|
| Human Rights
Actors |
|
|
Amnesty International (AI) |
|
|
http://www.amnesty.org |
Type:International or Regional Organization |
|
Amnesty International is a worldwide campaigning movement that works to promote internationally recognized human rights. |
|
Attorneys Without Borders (ASF) |
|
|
http://www.asf.be/ |
Type:NGO (Non-Governmental Organization) |
|
Working in the field of law, justice and institutions, the purpose of the association is the promotion and the protection of Human Rights, and particularly the right to a fair trial and to the exercise of the rights of the defence. |
|
Center for Justice and Accountability (CJA) |
|
|
http://www.cja.org |
Type:NGO (Non-Governmental Organization) |
|
NGO that works to end the impunity of human rights violators in the United States and elsewhere by providing the survivors of torture and other grave human rights violations with legal representation. |
|
Committe on the Administration of Justice (CAJ) |
|
|
http://www.caj.org.uk/ |
Type:NGO (Non-Governmental Organization) |
|
CAJ seeks to secure the highest standards in the administration of justice in Northern Ireland by ensuring that the government complies with its responsibilities in international human rights law. |
|
Global Network for Good Governance () |
|
|
http://www.geocities.com/gngg2000/ |
Type:NGO (Non-Governmental Organization) |
|
Organisation for the support of governmental and judicial transparency, the fight against corruption, the building of democratic institutions, and the guarantee of free and fair elections. |
|
Helsinki Foundation for Human Rights, Warsaw (HFHR) |
|
|
http://www.hfhrpol.waw.pl/en/index.htm |
Type:Research / Education |
|
Human rights education and public interest actions. Cooperate with the country's top lawyers, who advise members of parliamentary committees as representatives of HFHR. Prepare expert opinions. Main focus: training of NGO activists, judges. |
|
Humanitarian Law Center (HLC) |
|
|
http://www.hlc.org.yu/ |
Type:NGO (Non-Governmental Organization) |
|
A regional, non-profit NGO that monitors respect for human rights in Serbia, Montenegro and Kosovo. It advocates, investigates and reports on breaches of international humanitarian law, investigates human rights violations, and represents victims. |
|
International Commission of Jurists, and its Centre for the Independence of Judges and Lawyers (ICJ) |
|
|
http://www.icj.org/ |
Type:NGO (Non-Governmental Organization) |
|
International NGO - Goal to support and advance principles of justice constituting the basis of the Rule of Law; assist peoples denied the Rule of Law. Independence of the judiciary and of lawyers - Fair trial - Abolition of the death penalty. |
|
Irish Council for Civil Liberties (An Chomhairle um Chearta Daonna) (ICCL) |
|
|
http://www.iccl.ie/ |
Type:NGO (Non-Governmental Organization) |
|
Primary focus of ICCL work is campaigning: against emergency legislation and special courts; constitutional referenda on numerous issues including divorce, abortion, bail, and cabinet confidentiality; rights of minorities; due process rights. |
|
Liberty () |
|
|
http://www.liberty-human-rights.org.uk |
Type:NGO (Non-Governmental Organization) |
|
Liberty is one of the UK's leading human rights and civil liberties
organisations. Since 1934, Liberty has fought to secure equal rights for everyone. |
|
MacArthur Justice Center () |
|
|
http://macarthur.uchicago.edu/ |
Type:Other |
|
A nonprofit public-interest law firm affiliated with the University of Chicago Law School. Fights for human rights and social justice through litigation. Focus on cases that raise constitutional or significant issues in the field of criminal justice. |
|
Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers () |
|
|
http://www.unhchr.ch/html/menu2/7/b/mijl.htm |
Type:United Nations System |
|
Inquires into any substantial allegations and reports his or her conclusions thereon; identifies and records attacks on the independence of the judiciary, lawyers and court officials; studies important and topical questions of principle. |
| |
|
|