Strasbourg Observers

View posts from: Article 18

  • Dr. Ramute Remezaite

Democracy and Human Rights Resource Centre and Mustafayev v Azerbaijan: the Court’s expanding Article 18 practice to confront states’ ulterior purposes

January 21, 2022

Dr. Ramute Remezaite[1] Introduction Article 18 of the European Convention on Human Rights (the Convention), prohibiting the Council of Europe member states’ acting in bad faith, has been put under the spotlight by litigators and the Court in recent years, exposing ulterior practices by states. Azerbaijan’s particularly repressive context for civil society and the political […]

  • Tobias Mortier

Miroslava Todorova v. Bulgaria: Bulgaria joins list of serious rule of law offenders

December 08, 2021

By Tobias Mortier Art. 18 is a peculiar provision in the rights catalogue of the European Convention on Human Rights (‘the Convention’). Only rarely is it invoked before the European Court of Human Rights (‘the Court’) – and a violation of it is even rarer. Up until now, the Court had only found violations of […]

  • Tobias Mortier

Preventing disorder or silencing political opposition? On (the lack of) legitimate aims in Dareskizb Ltd v. Armenia

October 29, 2021

By Tobias Mortier A little political tension in an electoral context is not uncommon. However, the Armenian presidential elections in 2008 were nothing short of riotous. The Court has already dealt with numerous cases in which the events surrounding these elections were contested. For instance, in the case of Mushegh Saghatelyan v. Armenia, the Court […]

  • Guest Blogger

Demirtas v. Turkey: an exploration of the dissenting opinions and the Court’s oversights

April 19, 2021

By Hakan Kaplankaya, former Turkish diplomat, jurist, INSTITUDE member On December 22, 2020, the European Court of Human Rights (ECtHR/the Court) delivered a landmark judgment against Turkey regarding the prolonged-detention of Selahattin Demirtaş, former leader of pro-Kurdish People’s Democratic Party (HDP). Unlike the 2nd Section of the Court, which has mostly taken a restrained and […]

  • Guest Blogger

A Judgment to Be Reckoned with: Demirtaş v. Turkey (no. 2) [GC] and the ECtHR’s Stand Against Autocratic Legalism

February 05, 2021

By Ezgi Yildiz, Project Lead and Postdoctoral Researcher at the Global Governance Centre, the Graduate Institute, Geneva The recent Demirtaş v. Turkey (no. 2) [GC] judgment (application no. 14305/17) stands out not only for its substance but also its tone. The judgment provides an unequivocal solution to the protracted political crisis in Turkey concerning the […]

  • Guest Blogger

Sabuncu and Others v. Turkey: the final chapter of the Cumhuriyet Trial?

December 14, 2020

Matteo Mastracci, Ph.D. Researcher at Koç University, and reporter for Oxford Reports on International Law (ORIL) In a long-awaited decision, the European Court of Human Rights finally ruled on 10 November 2020 on the case of Sabuncu and Others v. Turkey. The case, better known as the Cumhuriyet trial, named after the newspaper in which […]