Strasbourg Observers
  • Lourdes Peroni

Upholding Unsuccessful Asylum Seekers’ Right to Family Life

August 16, 2010

In two recent judgments against Switzerland, the Court examined whether a five-year separation of unsuccessful asylum-seeker couples, pending their deportation, was contrary to Article 8 of the Convention. The applicants, two Ethiopian nationals, were denied asylum in Switzerland and ordered to be sent back to their country of origin. They remained however longer in Switzerland since […]

  • Eva Brems

Admitting a wrong to avoid having to repair it? (That’s not how it works, says the Court in Hakimi v. Belgium)

August 13, 2010

Obviously, all governments hate it  when an important criminal who after a long investigation and trial has been convicted, finds a violation of his article 6 rights that necessitates a retrial. The Belgian government thought they had found a way around this, but it didn’t work.

  • Alexandra Timmer

Delegitimizing tradition as a “legitimate aim”: inspiration for Strasbourg from California

August 11, 2010

Perry v. Schwarzenegger, the recent judgment overturning Prop 8, got me thinking about legitimate aims. I believe the European Court of Human Rights could gain valuable insights from that case. Newspaper readers will be aware that, last week, a federal judge in California rejected the amendment to the California constitution (Proposition 8 ) which banned […]

  • Weichie

Practicing ill-treatment

August 06, 2010

In Davydov and others v. Ukraine, the European Court of Human Rights was confronted with particularly disturbing facts. The case concerned ill-treatment committed by special forces on prisoners during training exercises. Not during an actual emergency situation of riot in the prison. No, during exercises. Twice. The prisoners were not warned about the exercises. They […]

  • Alexandra Timmer

The Power of Definition: Stereotypes of Roma in Aksu v. Turkey

July 29, 2010

The European Court of Human Rights just rendered a judgment on the issue of stereotyped images of Roma in government-funded publications in Turkey. I think the majority decision (4 to 3) lacks sustained analysis and requires problematization.  In the case of Aksu v. Turkey the applicant, mr Aksu, is of Roma origin. He complained about two […]

  • Weichie

Academic Freedom and the European Court of Human Rights

July 22, 2010

In Sapan v. Turkey (8 June 2010) the European Court of Human Rights emphasised the importance of academic freedom of expression. The case concerned the publication of a book entitled “Tarkan – anatomy of a star” (Tarkan – yıldız olgusu), in which a doctoral thesis was reproduced in part. The first part of the book […]

  • Alexandra Timmer

Strasbourg Court shows itself sensitive to the plight of Afghan women

July 20, 2010

The status of Afghan women has been high up on the agenda of the international human rights community in the past few years. Today the European Court of Human Rights joined the chorus of the concerned. The Court rendered a judgment that recognizes the extremely problematic status of women’s rights in Afghanistan and will hopefully […]

  • Maris Burbergs

Deciding on the pilot judgment procedure

July 15, 2010

On 6 July 2010 a chamber judgment in the case of Yetis and Onthers v. Turkey has been issued by the Court’s second section finding a violation of Article 1 Protocol No 1. The Court observed that the violation it had found had originated in a systemic problem connected with the absence in Turkish law […]

  • Lourdes Peroni

Lautsi and the Empty Wall

July 08, 2010

Is an empty wall in a state school classroom more neutral than a crucifix on it? No, it is not, argued NYU Professor, Joseph Weiler, representing various intervening governments in the very much expected Lautsi hearing last week. In his view, the naked wall (the absence of religion) is not a neutral option, particularly in […]

  • Alexandra Timmer

Gäfgen v. Germany: threat of torture to save a life?

July 06, 2010

In Gäfgen v. Germany , the Grand Chamber of the European Court of Human Rights was confronted with a difficult issue: can police officers threaten to torture a suspect if they believe this may save the life of an innocent child? The Court clearly answered that they cannot. However, it did leave what could at […]

  • Weichie

Church Sexual Abuse in Belgium: Respecting Privacy or Punishing Those Responsible?

July 02, 2010

In a previous post, Alexandra wrote about sexual abuse by members of the Church and possibly relevant case-law of the European Court of Human Rights. I will follow up on that post in this one. The past week, the Belgian authorities have upped the ante in the fight against sexual abuse by members of the […]

  • Alexandra Timmer

Same-sex marriage case should go to the Grand Chamber: more on Schalk and Kopf v. Austria

July 01, 2010

Gay rights are one of the human rights issues of our time. The Strasbourg Court came out with an important but ultimately disappointing ruling on same-sex marriage last week (for a summary of the case, see Lourdes’ post). It is disappointing both for the reasoning and for the outcome (see below). Despite the fact that […]

  • Saïla Ouald Chaib

A courtroom is not a zoo! The use of metal cages in criminal trials.

June 30, 2010

Can you keep an accused person in a metal cage during a public hearing? This practice is clearly humiliating as the Court judged in the case of Ashot Harutyunian v. Armenia but is it also at odds with the presumption of innocence? According to the European Court of Human Rights it is not.

  • Saïla Ouald Chaib

Jehovah’s Witnesses of Moscow v. Russia: Strange considerations, but good conclusion

June 23, 2010

On the 10th of June, the ECtHR issued a judgment about the religious community of Jehovah’s Witnesses of Moscow. In this case, the applicants firstly complained of a breach of article 9 of the Convention since the religious community was dissolved and its activities were permanently banned. The dissolution was ordered following allegations for luring […]

  • Saïla Ouald Chaib

About crucifixes and headscarves in Dutch jurisprudence. Is there a difference between both?

June 17, 2010

The Appeal Court of Amsterdam (Gerechtshof Amsterdam) issued on the 15th of June an interesting judgment concerning the wearing of crucifixes by the personnel of a private company that provides public transport services. The personnel of the company GVB must wear a uniform during working hours. The wearing of ornaments on their uniform such as […]

  • Weichie

When a Discrepancy is Not Necessarily a Discrepancy

June 14, 2010

Today I would like to discuss one particular aspect of a recent case, Biçici v. Turkey. This case concerned the arrest of Ms. Biçici, while she was participating in a peaceful demonstration, and her alleged ill-treatment during the arrest. The European Court of Human Rights found in favour of Ms. Biçici, ruling that the intervening […]

  • Saïla Ouald Chaib

“I swear I am not an Orthodox Christian!” Oath taking rules in Greek penal law: Dimitras v. Greece

June 10, 2010

The general rule in the Greek penal law requires witnesses to take an oath on the Gospels. Accordingly witnesses are a priori considered to be of the Orthodox Christian faith. Individuals who have another religion or who do not have a religion must declare this explicitly to the judge during the hearing. When the witness […]

  • Guest Blogger

Petrina v Romania – serious issues of interpretation and implementation of the Convention

June 09, 2010

Today, we are pleased to announce a guest post by Dragoş Bogdan* and Mihai Selegean**. Their post on the consequences of the defamation case Petrina v. Romania (14 October 2008, App. no. 78060/01) represents a welcome addition to some of our own posts on the Court’s defamation case-law. More information on the authors, who we […]

  • Maris Burbergs

‘Unluxury problems’ of Europe

June 04, 2010

In a book published in 2003 Manfred Nowak wrote: “The OAS [Organization of American States] in comparison [with the Council of Europe] is composed of a wide range of states including both the richest industrialized countries (United States and Canada) and the poorest countries of the world (e.g. Haiti), as well as democracies and military […]

  • Lourdes Peroni

Conscientious objection: unfortunate precedent should not survive in the Grand Chamber

June 01, 2010

It is great news that the Grand Chamber has accepted the request for referral in the conscientious objection case of Bayatyan v. Armenia. Last October, against commonly accepted standards in the Council of Europe Member States (see, PACE, Recommendation 1518, 2001, paras. 2 and 3) and, despite Armenia’s official commitment to pardon conscientious objectors (see, […]

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