Strasbourg Observers

View posts from: Article 5

  • Gvantsa Danelia

Beyond the Finding: Matchavariani v. Georgia and the Lingering Questions for Protest Adjudication in Georgia

September 26, 2025

by Gvantsa Danelia The European Court of Human Rights (ECtHR) recently delivered its judgment in Matchavariani v. Georgia (Application no. 46852/21). At first glance, the case might seem like another routine finding of a violation in an administrative detention case. However, a closer examination reveals a subtle yet crucial message from Strasbourg, particularly concerning a […]

  • Ufuk Yeşil

The ECtHR Judgment in Selahattin Demirtaş v. Türkiye (No. 4): A Landmark Case on Political Repression and Human Rights

August 20, 2025

By Dr. Ufuk Yeşil  On July 8 2025, the European Court of Human Rights’ (the ECtHR or the Court) addressed violations stemming from the prolonged detention of Selahattin Demirtaş, the former HDP co-chair, in Selahattin Demirtaş v. Türkiye (No. 4), exposing systemic judicial abuses targeting political dissent in Türkiye. This blog post analyzes this  judgment, and connects it […]

  • Grażyna Baranowska, Marie-Bénédicte Dembour and Isabel Kienzle.

Evidencing Pushbacks at borders of CoE Member States: Third Party Intervention in A.A.N. and Others v. Greece (38203/20)

April 18, 2025

Grażyna Baranowska Marie-Bénédicte Dembour Isabel Kienzle This post, an output of the DISSECT project, is concomitantly being published on the DISSECT blog Regularly operated at many borders of CoE member states, pushbacks are problematic practices from a human rights perspective. They generally violate the principle of non-refoulement under Article 3 ECHR as well as, most […]

  • Stephanie Motz and Annina Mullis

Undermining protection standards in pushbacks cases: The ECtHR in A.R.E. v. Greece and G.R.J. v. Greece

March 28, 2025

Stephanie Motz and Annina Mullis On 7 January 2025, the European Court of Human Rights (Court/ECtHR) published its findings in A.R.E. v. Greece and G.R.J. v. Greece. In these two cases, the Court adjudicated for the first time specifically on pushback allegations at the hands of Greek authorities. Both applications were part of a series of […]

  • Louise Reyntjens and Ruben Vilain

B.D. v. Belgium: a revisitation of the (in)adequacy of Belgian internment policy

November 22, 2024

By Louise Reyntjens and Ruben Vilain On August 27, in the B.D. v. Belgium judgment, the European Court of Human Rights (ECtHR) once again found the Belgian government at fault for its treatment of interned persons in prisons. Under Belgian law, ‘internment’ is classified as a safety measure aimed at protecting society from ‘dangerous’ individuals, […]

  • Isabel Kienzle and Jonathan Kießling

Evidently unlawful, yet difficult to evidence: M.A. and Z.R. v. Cyprus advances Strasbourg’s case law on pushbacks

October 22, 2024

By Isabel Kienzle and Jonathan Kießling For the first time, in M.A. and Z.R. v. Cyprus, the ECtHR has decided on a pushback case against Cyprus, addressing the island state’s practice to intercept and return migrants arriving from Lebanon without an individual assessment of their protection needs. As the parties provided conflicting accounts of the […]

  • Felix Peerboom

A.D. v Malta: The Continuous Application of a Defective Asylum System

January 12, 2024

by Felix Peerboom On 17 October 2023, the European Court for Human Rights (ECtHR, the Court) published its ruling in A.D. v. Malta (press release available in English and French). The Court’s condemnation of Malta in this case for its ill-treatment of the applicant — a vulnerable asylum-seeker and presumed minor suffering from tuberculosis (TB), […]

  • Lorenzo Bernardini

H.M. and Others v. Hungary: Immigration Detention, Burden of Proof and Principle of Necessity: Weakening Safeguards at the Borders?

August 19, 2022

By Lorenzo Bernardini Introduction How high is the burden of proof on the foreigner who claims to have suffered degrading treatments? In which cases may the authorities adopt coercive methods against a foreigner already detained? The European Court of Human Rights (‘the Court’, ‘the ECtHR’ or ‘the Strasbourg Court’) was called upon to answer these […]

  • Alan Greene

Falling at the First Hurdle? Terheş v Romania: Lockdowns and Normalising the Exception

June 18, 2021

By Alan Greene* Over a year into the COVID-19 pandemic and the petitions challenging many of the exceptional powers enacted by states across Europe, cases are now beginning to trickle though to the European Court of Human Rights (ECtHR; the Court). In a blog post on this website last year, I cautioned against the dangers […]