Grand Chamber clarifies principles for life sentence of prisoner with mental disability

This guest post was written by Nicole Bürli, PhD, Human Rights Advisor of the World Organisation against Torture.

On 26 April 2016, the Grand Chamber of the Court delivered its judgment in the case of Murray v. the Netherlands. Overturning the Chamber judgment, the Grand Chamber rightly found the irreducibility of a life sentence of a mentally disabled prisoner incompatible with Article 3 of the Convention. With this judgment, the Court clarified relevant principles for rehabilitation and review of life sentences developed in Vinter and Others v. the United Kingdom.

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Back on track! Court acknowledges gendered nature of domestic violence in M.G. v. Turkey

This guest post was written by Fleur van Leeuwen (*)

Around a month ago, the Court ruled in Civek v. Turkey that it was not necessary to examine the applicant’s complaint of discrimination in a domestic violence case that ended in death. This was disheartening, especially because in recent domestic violence judgments the Court has always addressed alleged violations of article 14. What was perhaps even more disturbing about the Civek judgement was that the Court – without any apparent reason – observed that men can also be victims of domestic violence, thereby implying that domestic violence is a gender neutral phenomenon. In doing so, it seconded the worrisome wording of the Istanbul Convention,[1] which – by denoting that men may also be victims of domestic violence and by referring to violence against women and domestic violence – explicitly positions the latter as a gender neutral form of violence.

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Sakir v Greece: Racist violence against an undocumented migrant

By Eva Brems

In a recent case, the Court found a violation of article 3 ECHR on account of the defective investigation into a serious incident of racist violence that occurred in Athens in 2009. In addition, the detention conditions imposed upon the victim (sic!) also violated article 3. The judgment explicitly recognizes the structural character of the problem of racist violence in Athens and expects the Greek authorities to do the same. However, when it comes to structural solutions, an obvious one is overlooked.

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Grand Chamber Hearing in Paposhvili v. Belgium: The End of N. v. the UK?

Few judgments have sparked more criticism than N. v. the United Kingdom. The high Article 3 threshold set in the case of a seriously ill woman expelled to Uganda where she died shortly after her return has been criticized both inside and outside the Court. Following what some considered a missed opportunity in S.J. v. Belgium last March,[1] the Grand Chamber now has a renewed chance to revisit the N. approach in Paposhvili v. Belgium. In a third-party intervention in the case, the Human Rights Center at Ghent University invited the Grand Chamber to reconsider the unduly restrictive approach adopted in N. In this post, I highlight the main points we made in our intervention as well as some of the parties’ Article 3 oral arguments during last week’s hearing.

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V.M. and Others v. Belgium: The asylum law discourse reloaded

By Salvo Nicolosi

Last 7 July 2015, the Second Section of the Strasbourg Court ruled in V.M. and Others v. Belgium, concerning the violation of Articles 3 and 13 ECHR owing to the reception conditions of asylum seekers. The case must be placed within the settled case law on the protection of asylum seekers under Article 3 ECHR which the Court has developed over the years and thus it offers another occasion to reflect on the timely and controversial debate regarding the interpretation of the right to asylum through the lens of the Strasbourg Court (Bossuyt, 2010; Mole/Meredith, 2010).

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A.S. v. Switzerland: missed opportunity to explain different degrees of vulnerability in asylum cases

By Salvo Nicolosi and Ruth Delbaere (Ghent University)

In the recent judgment of last 30 June 2015 in A.S. v. Switzerland, the European Court of Human Rights offers another occasion to reflect on the issue of vulnerability in asylum cases.

The ruling represents another episode of the ongoing saga concerning the Dublin System to determine the State responsible for asylum applications and builds upon the previous case law relating to Article 3 considerations when expelling seriously ill persons, on the one hand, and when deporting asylum seekers to another country, pursuant to Dublin II Regulation 343/2003 (now replaced by Dublin III Regulation 604/2013), on the other hand. Both lines of reasoning will be taken into account in the following analysis.

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The Court’s Approach in Y. v. Slovenia, Annotated

By Corina Heri

This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University.

On the 28th of May, the Fifth Section of the Strasbourg Court issued its judgment in Y. v. Slovenia. The judgment in the Y. case ties in to some of the criticism recently formulated by Yaiza Janssens on this blog concerning the I.P. v. the Republic of Moldova case. While noting the novelty of the Court’s approach under Article 8 in Y., the present contribution will point out some remaining room for improvement in the Court’s approach to sexual violence-related cases.

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