echr violations by article and by state pdf Saturday, April 24, 2021 10:23:10 PM

Echr Violations By Article And By State Pdf

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The State response to the COVID pandemic has been varied procedurally, operationally, and in terms of overall success. Nevertheless, key procedural and operational factors contributing to an effective State response e. In almost every case of an ineffective response such as that of the UK in March, or the US, one or more of these factors has been lacking.

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Corporate Social Responsiblity. Investor Relations. Review a Brill Book. Making Sense of Illustrated Handwritten Archives. This article examines how human rights relate to democratic policing. We differentiate policing for democracy, which protects democracy, from democratically responsive policing, where police are governed democratically.

Using this two-fold distinction to examine European Court of Human Rights cases, we find a close match between Convention rights and policing for democracy. Regarding democratically responsive policing, the Court provides responsiveness within the structural limits of reacting to individual complaints, and as one element in the broader landscape of governance.

Further, cases show how that landscape features in Court judgments. We argue that robust enforcement, and careful attention to case law during drafting and implementation of police legislation and governance arrangements, help protect democracy and enhance democratically responsive policing. The Organisation for Security and Co-operation in Europe sees the protection of human rights as one dimension of democratic policing. This paper goes further in examining the overlap between democratic policing and human rights.

Firstly, it uses a conceptual distinction from criminology between policing which protects and sustains democracy policing for democracy and policing directed and governed in line with specific democratic principles democratically responsive policing. Thirdly, it uses the conceptual frame to interrogate relevant cases decided at the European Court of Human Rights ECtHR identified through the hudoc database.

On the other hand the needs of democratically responsive policing are only partially met by policing in the framework of the echr , as may be anticipated from literature on police governance.

Nonetheless, the Court currently facilitates responsiveness to citizens, especially as a mechanism of redress, and in important ways supports a system of police responsiveness to other institutions.

Here, while specific articles are of note particularly 5, 6 and 13 , it is the more general function of the Court that cements its place in a democratically responsive framework of police governance. Ultimately, we propose that careful attention to Convention rights and principles during drafting and implementation of legislation, and robust enforcement of the convention, enhance both forms of democratic policing. As Human Rights focuses largely on states, 12 we only examine public police agencies.

While the work is focused on Europe and at the level of ECtHR, similar issues are evident elsewhere, and the analysis could be extended outwards to review police in other states, 13 or inwards to examine domestic decisions on Convention rights. When separating policing which supports political democracy from policing which is democratically responsive, Aitchison and Blaustein were concerned about overly-powerful external influences driving policing in a small, fragile state.

In spite of the focus on emerging democracies, the distinction is analytically useful in established democracies, and can be applied to the diverse states that have signed or ratified the echr. The concept of democracy employed is one which goes beyond procedural dimensions to incorporate the capacity for public debate of policy alternatives. The focus is largely on police actions and behaviour.

This means restraining from intimidating acts or the use of oppressive force, and acting in ways in which personal political views and commitments do not shape professional practice. Democratically responsive policing is wider and focuses on the mechanisms and structures surrounding police policy and action.

As will be seen in the analysis, this can go beyond the police to include, for example, prosecutorial and judicial bodies. Following Kuper, Aitchison and Blaustein focused on democratic police governance as characterised by responsiveness. Commonly identified features of democratic policing feed into structures which demand police respond to citizens and to legal and political institutions. These features speak to vertical aspects redress, participation, reaction, accessibility , horizontal aspects competition, distribution of power, accountability or both information.

For example, the dimension of competition is specific to contexts where police compete against other, often private, service providers which goes beyond the scope of the paper. Further, the wider landscape of police governance, and elements of democratic responsiveness that relate less to the individualised focus of a human rights court are not addressed in detail.

Rather, they highlight important mechanisms in a landscape of governance which support responsiveness, and the Court serves as one such mechanism in its own right. In the following sections, we link convention rights and case law to the two dimensions of democratic policing.

This was done through a two-stage process. First, based on our reading of the literature on democratic policing, we undertook a process of conceptual mapping, identifying likely linkages between the two forms of democratic policing and the articles of the echr.

Second, we undertook a review of case law in which police or police systems play a key role. The review utilised the hudoc database, and proceeded on an article by article basis where we had a credible conceptual basis for linking the right to democratic policing. First while the Convention is applied domestically in many states, the Court enjoys particular authority in its interpretation of rights 28 ; and secondly the active participation of the Court in a landscape of police governance.

The Court thus contributes both conceptually and empirically to the space of interest at the intersection of human rights and democratic policing. If part of securing democracy is providing basic security to citizens, allowing them to pursue lawful activities including, but not limited to, a range of democratic rights linked to open public debate free speech, free assembly , then a state force that kills or physically attacks citizens is acting in an anti-democratic way.

This is the case regardless of whether such action is targeted or arbitrary, but selectively targeted violence brings in a new dimension of anti-democratic policing by closing down specific forms of oppositional political activity.

Equally, a state failing to protect citizens, and to give all citizens equal protection, is, if not anti-democratic, at least failing as a democracy. While Articles 2 and 3 are non-derogable and are to be interpreted independently of their relationship to democracy, 29 we are arguing that they are fundamental to policing for democracy.

In cases handling Articles 2 and 3 featuring absences of restraint by police, we examine three forms of anti-democratic policing: direct killings; non-lethal violence against marginalised or excluded groups; and non-lethal violence towards formal, informal or perceived sources of opposition to state authorities. Many cases handling alleged substantive breaches of the right to life by state police concern deaths, abductions and disappearances in the North Caucasus region of the Russian Federation.

There is little merit in analysing them further. Rather, like the Court in Dalakov , we reiterate that the right to life is a fundamental value in democratic societies 31 and these are fundamentally anti-democratic acts.

Two further cases of killing by state police arise in the specific context of protests. These are significant for the unwarranted loss of life and in terms of the possible effect on freedom of assembly Article Ciorcan and others v Romania , brought by 37 Roma residents of Reghin, examines potentially lethal police violence. The case concerns police action against a minority group widely recognised as marginalised and excluded from the public sphere across Europe.

Local and special police forces deployed to serve a summons on two Roma men after an initial complaint from a local officer concerning insulting behaviour. The manner of deployment did not fit with any reasonable anticipation of resistance and officers used disproportionate force, including firing live ammunition towards a crowd. Where these are in the hands of those being scrutinised, any systemic racism underpinning a breach of rights would logically obstruct the investigation of racism as the reasons for that breach.

Political pluralism, which implies a peaceful co-existence of a diversity of political opinions and movements, is of particular importance for the survival of a democratic society based on the rule of law, and acts of violence committed by agents of the State which are intended to suppress, eliminate or discourage political dissent or to punish those who hold or voice a dissenting political opinion pose a special threat to the ideals and values of such society.

The case again highlights a limit of the Court as a rights protection mechanism. In the same way that it was unable to determine a racist motivation for police actions in Ciorcan , it could not objectively verify evidence that would provide a firm basis to conclude that the assault in Virabyan was rooted in political discrimination.

The breaches described so far give a good account of different aspects of anti-democratic policing. Such cases show the obligation on states to take action which deters violence both in the specific sense of serial violence against an individual and in the general sense of violence targeting groups on the basis of identity. The conflict in the South East of Turkey provides the context for a number of cases dealing with the protection of life, several of which relate to victims in political roles broadly defined antagonistic to state objectives.

This includes newspaper vendors, 50 journalists, 51 members in political parties representing Kurdish interests, 52 and union activists. Six months after the abduction his decomposed and dismembered body was discovered. The lack of state action is situated in a context in of killings of opposition figures. That obligation is not unlimited. The Court recognises that unpredictability and finite resources are important contextual factors in setting out the likely circumstances in which the obligation stands.

This need not involve physical violence as is evident in the humiliation and debasement deliberately inflicted on an applicant exposed in handcuffs at home and at his workplace.

In Menesheva , the applicant, having been beaten and detained, was forced to wash the police station floor before being released. Among other messages, they convey that those at the receiving end, whether as individuals or as members of social groups or categories, are subject to police or state power while they themselves are disempowered. In a number of cases, the individuals are from groups that are already experiencing other forms of social marginalisation or disadvantage related to ethnicity, gender or class, and such attacks on dignity may compound this.

The Court has noted how this contributes to feelings of arbitrariness, injustice and powerlessness. The key purpose of Article 5 is to prevent arbitrary or unjustified deprivations of liberty. The right not to be detained other than under defined lawful circumstances Article 5.

Such rights in turn stress the importance of maintaining records of detention, something lacking in a number of cases.

European Convention on Human Rights

The current COVID pandemic has strained the global economy and limited some of most important human rights and fundamental freedoms in democratic societies. Health safety restrictions have had an impact on freedom of liberty and security for persons being quarantined as a result of contracting or being suspected of having contracted the virus. Limits on freedom of expression have been imposed in order, allegedly, to prevent information disorder. Assemblies and protests have been prohibited to prevent the spread of the virus. Equally, access to courts has been impeded or allowed only under special arrangements. One might argue that there have been violations of the right to life of individuals who have died because of the virus and of the lack of sufficient medical care, especially in detention or care institutions. The right to family life has been disrupted due to restrictions on movement of persons across Europe.

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I. The Relationship Betweenthe Two European Courts

Our life has changed. The main if not the only topic that everyone is interested in is the ongoing pandemic. The World Health Organisation is one of the most popular international organisations at the moment. This crisis will undoubtably have a significant impact on how we live, travel and perceive our governments. These long-term effects will clearly be a subject of numerous dissertations, articles and monographs.

That is, until recently. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases. The Commission could declare a case admissible or inadmissible but could not judge on the substance of the matter, a task which was left to the European Court of Human Rights ECtHR. Even if a case brought by an individual was declared admissible, it could only be put before the Court by the Commission or by one of the Member States, not by the individual herself.

The number of non-compliance judgments of the Court varies considerably. Some states have been found to violate rules more than times, while the number of non-compliance judgments is in the single digits for others. Since we know a lot about non- compliance in the EU, but not much about the same phenomenon in other regional organizations, this article examines why some countries receive more ECHR judgments than others.

This post provides, in broad strokes, an overview of human rights litigation via the inter-State application procedure under the European Convention on Human Rights ECHR , as well as its strengths and challenges.

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То, что она увидела, привело ее в ужас. С интервалом в три минуты была зарегистрирована вторая серия команд запирания-отпирания.

2 Comments

Freya M. 27.04.2021 at 23:22

It is certainly true that the juridical system on the protection of human rights in Europe is rather complex.

Yasmin W. 01.05.2021 at 07:52

Cases in which the Court held there would be a violation of Article 2 and/or 3 if the applicant was removed to a State where he/she was at risk.

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