Trivializing anti-personnel mines and ignoring childness: Sarıhan v Turkey

In an astonishingly laconic judgment (available only in French), the Court found no violation in the case of a 12-year old who was wounded by an anti-personnel mine while herding his sheep.

Facts and Ruling

The facts in this case date back to the summer of 2003, in a Kurdish village in East Turkey, not far from the borders with Armenia and Iran. 12-year old Erkan Sarıhan was herding his sheep in a minefield, situated at 150 metres from his village. He was playing with an anti-personnel mine when it exploded, causing severe injuries to his face, hands and chest. The minefield, which belonged to an army post situated 200 metres further, was surrounded with barbed wire and warning signs. There was also a watch post manned by two soldiers, who however did not have a view of the entire terrain and as a result had not seen the child enter. The inquiry into the accident showed that through the village mayor, the inhabitants of the village had regularly been warned about the dangers of the minefield. The report concluded that the child’s parents were responsible for the accident. It also held that it was necessary, in order to prevent similar accidents, to move the watch post so that it would overview the entire terrain, and to install specific warning signs for illiterate persons.

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V.M. and others v. Belgium: The tragic story of yet another “disappeared case”

Guest post by Moritz Baumgärtel, lecturer and researcher at the Department of European and International Public Law at Tilburg University. Moritz recently defended his PhD at the Université libre de Bruxelles. His project was a part of the IAP research network “The Global Challenge of Human Rights Integration: Towards a Users’ Perspective”.

On 17 November 2016, the Grand Chamber of the European Court of Human Rights decided to strike off its list of cases the application in V.M. and others v. Belgium. The case concerned the reception conditions and the exposure to a risk of inhumane and degrading treatment of a Roma family in the context of a “Dublin transfer” from Belgium to France. The matter was referred to the Grand Chamber following a judgment of the Second Section on 7 July 2015, which had found violations of articles 3 and 13 of the ECHR. In striking out the application because the lawyer failed to maintain contact with the clients, the Grand Chamber added yet another chapter to the already lengthy volume on “disappeared cases”. The Court’s decision raises serious questions regarding the effectiveness of its remedies and the problems it poses for strategically minded lawyers in the migration domain.

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The Grand Chamber’s ruling in Khlaifia and Others v Italy: one step forward, one step back?

Guest post by Denise Venturi, PhD Student in International Law, Scuola Superiore Sant’Anna (Italy) and KU Leuven (Belgium)

On 15 December 2016 the Grand Chamber of the European Court of Human Rights (ECtHR) gave its much awaited ruling in the case Khlaifia and Others v Italy. The judgement follows a 2015 decision of the Second Section of the ECtHR that, in particular, found Italy – for the third time after Hirsi Jamaa and Others v Italy and Sharifi and Others v Italy and Greece – in breach of Article 4 of Protocol 4 to the European Convention on Human Rights (ECHR). The Chamber judgement was warmly welcomed by human rights advocators – and, besides, featured also in the Top Three of this blog’s poll for Best ECtHR Judgement for 2015 – as it upheld considerably the protection of migrants’ fundamental rights amidst the so called ‘refugee crisis’ in Europe.

It is questionable, however, whether the subsequent Grand Chamber’s ruling has been able to keep up the expectations raised by the first pronouncement of the Strasbourg Court. Due to the wealth of issues considered, it is not possible to conduct an in-depth examination of the Grand Chamber’s decision. Thus, this blog post is primarily aimed at providing only a concise analysis by focusing on the differences between the approach adopted by Strasbourg Court in the two judgements delivered in the Khalifia case.

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Resuscitating Workplace Privacy? A Brief Account of the Grand Chamber Hearing in Bărbulescu v. Romania

Guest post by Gaurav Mukherjee[1] and James Wookey[2]

On 30 November 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) heard oral arguments in Bărbulescu v. Romania. The case was referred to the Grand Chamber on 6 June 2016, after a Chamber judgment delivered on 12 January 2016.  The applicant sent private communications on his workplace Yahoo Messenger account, which were monitored by his employer in accordance with company policy that no private communications were to be sent from workplace devices. The majority in the Chamber judgment held that this surveillance did not violate the applicant’s right to respect for private life under Article 8 ECHR, which immediately provoked critics to claim that privacy in the European workplace was officially dead.[3]

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Paposhvili v. Belgium: Memorable Grand Chamber Judgment Reshapes Article 3 Case Law on Expulsion of Seriously Ill Persons

In what is possibly one of the most important judgments of 2016, Paposhvili v. Belgium, the Grand Chamber has memorably reshaped its Article 3 case law on the expulsion of seriously ill migrants. In a unanimous judgment, the Court leaves behind the restrictive application of the high Article 3 threshold set in N. v. the United Kingdom and pushes for a more rigorous assessment of the risk of ill-treatment in these cases. For us at the Human Rights Centre of Ghent University, it was a thrill to intervene as a third party in such an important case. In our third party intervention we submitted that Paposhvili offered a unique opportunity to depart from the excessively restrictive approach adopted in N. We are delighted that the Grand Chamber has seized the opportunity to re-draw the standards in this area of its case law in a way that does fuller justice to the spirit of Article 3.

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Karapetyan and Others v. Armenia: Senior Civil Servants as Defenders of Democracy or as Lackeys of the Executive?

By Stijn Smet

A few weeks ago, a Section of the European Court of Human Rights ruled that the Armenian government had not exceeded its margin of appreciation by summarily dismissing senior civil servants who had voiced critical remarks on the democratic nature of the 2008 presidential elections in Armenia. The Court’s view on the need for a ‘politically neutral body of civil servants’ in its Karapetyan and Others v. Armenia judgment is worrying. It risks demoting senior civil servants to mere lackeys of the executive, impeding them from playing a potentially vital role in defending democracy and the rule of law.

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Magyar Helsinki Bizottság v Hungary: a (limited) right of access to information under article 10 ECHR

Guest post by M. Schaap-Rubio Imbers, PhD Candidate international public law, Erasmus School of Law  

On the 8th of November 2016, the ECtHR’s Grand Chamber delivered its judgment in Magyar Helsinki Bizottság v Hungary. The applicant NGO (Magyar Helsinki Bizottság) complained that the refusal of police departments to disclose information on the appointment of public defenders upon their request represented a breach of its rights as set out in article 10 ECHR. The Court held by fifteen votes to two that there has indeed been a violation of article 10. This judgment is the latest ruling on access to public interest information, and as such a very welcome elaboration of the Court’s position on the right of access to public interest information under article 10 ECHR.

Considering that others have already provided a good overview of the background and what is at stake in this judgement (here) and provided a general discussion of the case at hand (here), in this contribution I will focus particularly on the criteria established by the Court for access to public interest information under article 10 ECHR.

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