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Prisoners kept in inhuman or degrading conditions.

________________ who have waited many years for their ______________ to be ______________ at the ______________ ____________. Parents of children taken into care. Journalists ________________ or __________________ for criticising politicians. These are just some of the people turning to the European Court of Human Rights in Strasbourg. There are very many others.

The European Court of Human Rights.

The Conscience of Europe


Since 1995 the Court has been housed here, in a building designed by British architect Sir Richard Rogers. With its vast glass reception area- a symbol of the Courts accessibility. Here is the main ___________________. In the centre, the carpet shows the twelve stars of the European flag, originally conceived as a logo for the ___________ ___ ____ _______________. Now also adopted by the European Union as a symbol of European solidarity. This is where public ________________ are _________ ___________ the ____________s ____________, sitting either in ________________ of seven judges or, as in this case, as the Grand Chamber _____________ ____ _____ seventeen judges. La Court! On 1st November 1998 a new Court was inaugurated following a radical REFORM Since then the Court has ________________ full-time judges from almost fifty European countries. Judges bring with them expert knowledge of their countrys ___________ and _____________ ____________. They are fully independent and do not ______________ any national ________________. Je dclare solennellement que jexercerai mes fonctions de juge avec honneur, indpendance et impartialit impartially and that I will keep secret all ___________________. Thank you very much. Established in 1949, when images of concentration camps and other Second World War atrocities were still fresh in peoples minds, the Councils mission was and remains today to safeguard peace through the promotion and protection of ______________ _____________, ______________, and the _____________ _____ _________ across Europe. With these goals in mind, the Councils first and most important _____________ was ______________- the European Convention on Human Rights. The Convention was initially signed on the 4th of November 1950 by twelve countries. It _____________ _______ ____________ in September 1953. In 1959 the European Court of Human

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Rights was set up with the task of examining _______________ ________________ of the ________________.

Article 2. Everyones right to life shall be protected by law. No one Among others, the Convention guarantees freedom of ________________, freedom of ______________ and _______________, the ____________ _____ ____________ and ______________, the ___________ _____ _______________ _____ private and family life, and the ______________ ______ ___________ and _______ an education. The most fundamental of all is the right to __________. The Court has ___________ _________ a number of ___________ _________________ disappearances or deaths of people taken _________ ________________ in police stations or prisons; sometimes into custody not even acknowledged by the authorities. Some of these cases _______________ against the Russian Federation concern the treatment of the Chechen population. The prohibition of torture, or inhuman or degrading treatment or punishment is another fundamental right. In 1999 France was found to be responsible for the _____________ of Ahmed Selmouni, a ___________________ drug-smuggler, while he was in police ______________. The Court ________________ Mr Selmounis _____________________. The police officers had urinated over him, struck him, and threatened him with a glow lamp and a syringe. In 1989 the Court found that there would have been a violation of Article 3 if the United Kingdom had extradited Jan Soering, a German national, to the State of Virginia in the United States of America, where he was _______________ with the _________________ of his girlfriends parents. The Court found that because the ___________ __________________ was in force in Virginia, Mr Soering risked spending 6 to 8 years on death row not knowing or whether he would be _______________ or not. This in itself, the Court _________, would have amounted to inhuman and degrading treatment. The most common __________________ brought before the Court, however, concern the right to a _________ _______________. Especially the length of time people have had to wait for their cases to be resolved. This problem is most prevalent in Poland, and especially Italy. Many thousands of cases have come to the Court from applicants, some of whom have waited over 20 years for a _____________ __________________. Many cases, concerning the failure to execute final _________________ __________________ have also been _____________ against Russia and Ukraine. For example, Anatoli Burdov who worked on the Chernobyl site following the nuclear

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disaster had to wait for several years before the Russian authorities paid him the _____________________ awarded by the Court for his health problems. For more than fifty years the Court has ___________ _____ numerous social issues. These include abortion, assisted suicide, strip searches, domestic slavery, the right of a person whose birth mother requested confidentiality to find out about his or her origins, adoption by homosexual couples, wearing an Islamic headscarf in education institutions, the protection of journalist sources, ____________________ ____________ Roma, or environmental problems. Prior to the creation of the Convention system and its various _________________, individuals could not bring complaints of human rights _____________ against their own governments before an international court, neither could one government bring a case concerning another governments treatment of its own people. From the beginning, almost all the cases ____________________ _______ the Court have come from individual members of the general public. Sometimes, ___________________ are well-known in their own country, or even internationally. One example is Princess Caroline of Hannover. In 2004 the Court ____________ in her _______________ in a case ________________ ______________ Germany. The State was found to have breached the Princesss right to respect for family life by allowing the publication of paparazzi photos taken without her knowledge. Court cases can also touch on politically sensitive _____________, such as the prosecution of those responsible for the shootings of East Germans trying to flee to the West across the Berlin wall. Egon Krenz, who was president of the Council of State at the time of the events in question, _________________ the ________________ of his murder _________________ for the shootings. However, the Court HELD unanimously that there had been no violation of his rights ________________ the Convention. One aspect of the Convention system that some people find difficult to accept is that the rights and freedoms of guarantees apply to everyone, including convicted _________________. For example, the Court ruled that two ten-year-old British boys who murdered a toddler had not had a ___________ ___________________. It was found that they had been unable to participate effectively in their ____________, which lasted three weeks in public in an adult court not adapted to the needs of such young offenders. Overall, the sheer number of people _________________ by the Convention system is staggering; there are around 800 million people living in the countries which have ______________ the Convention alone, an area stretching across eighteen time zones, from Greenland to Cyprus, and from 33

Portugal to Vladivostok in eastern Russia. Non-Europeans, whether _________________, tourists, or people who happen to be within the _________________ of the country concerned are also protected. For instance, the Court found in 2006 that Belgium had __________________ the Convention by holding a 5-year-old Congolese girl for more than two months in a transit zone at Brussels airport.

How the Court Works


Not everyone turning to the Court for help is successful in ________________ a case, however. The Court receives many hundreds of letters and telephone calls a day, as well as faxes and emails. Applications are sorted and then sent to one of the _____________ within the Court. From then on, there are a number of criteria to ____________. Applicants must have exhausted all the ___________ _________________ in the country concerned, which can take many years. They must also apply to the Court _____________ six months of the final decision at national level. They must be able to ___________ that at least one of their ____________ ___________________ ___________ the Convention has been _________________, and that one of the country which ____________ _________________ the Convention is responsible. The events in question must also have taken place after the state concerned ratified the __________________. For Ukraine, for example, this means that events which _________________ before 11th September 1997 are not _____________. All _______________, whether or not a case is __________________ are taken by judges ________________ as three-judge ___________________, seven-judge ______________, or as a __________ ________________ of seventeen judges. The Court goes on to _____________ ______________________ only in ___________________ ___________; it ___________ _____ whether or not theres been a violation of the Convention, and may ____________ _______________. The judgements are ______________ in that the state concerned must pay any __________________ ____________, __________ _________ the issues ____________ for the individual concerned, and take general measures to solve any underlying problems to make sure the same situation does not occur again. Possible measures include _____________ a new law or _________________ a _______________. Insuring that the Courts judgements are respected, that the necessary _____________ ___________ is taken is the task of the Council of Europes _________________ arm- the Committee of Ministers; this is made up of the Foreign Affairs ministers of the Councils member states, or their permanent ____________________. The Committee of Ministers is meets regularly to discuss the _______________ of court judgements. Cases remain on its books until members are satisfied that the judgement has been 34

________________, and that _________________ ________________ have been put in place to ________________ that the same problem does not ___________. The presence of representatives of all the Councils member states ensures that political pressure can be brought to bear on the countries that are slow to meet their ______________. The Courts judgements have led to a great many changes in national ________________ and, among other examples, have opened the way for ________________ of good individuals _________________ following an ___________ ___________, for the restoration of _________________ properties to their owners or the payment of appropriate _________________, or for the granting of residents permit to individuals threatened with deportation, and equal treatment of German nationals and foreigners __________ _____________ ______ the payment of family allowances. Today, although the Court is more productive than ever before, staff are working under everincreasing pressure. The number of new applications coming to the Court is growing all the time. There are large numbers of often complex cases arriving from the newest states to join the Conventions system, while new protocols to the Convention prohibiting discrimination and the death penalty will further add to the Courts case load. There is only so much rationalization the Court can do, however. Ultimately, governments must take action at national level, both by ensuring that the Courts judgements are rapidly implemented, and by _________________ the underlying legal and human rights problems. For half a century the Court has been a bastion of _____________ _________ in Europe- Europes conscience. To be effective for another fifty years and beyond it will need the continued support of Europes governments.

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Prisoners kept in inhuman or degrading conditions. PLAINTIFFS whove waited many years for their CASES to be RESOLVED at the CIVIL COURTS. Parents of children taken into care. Journalists PROSECUTED or PERSECUTED for criticising politicians. These are just some of the people turning TO the European Court of Human Rights in Strasbourg. There are very many others.

The European Court of Human Rights.

The Conscience of Europe


Since 1995 the Court has been housed here, in a building designed by British architect Sir Richard Rogers. With its vast glass reception area- a symbol of the Courts accessibility. Here is the main COURTROOM. In the centre, the carpet shows the twelve stars of the European flag, originally conceived as a logo for the COUNCIL OF EUROPE. Now also adopted by the European Union as a symbol of European solidarity. This is where public HEARINGS are HELD BEFORE the COURTS JUDGES, sitting either in CHAMBERS of seven judges or, as in this case, as the Grand Chamber COMPOSED OF seventeen judges. La Court! On 1st November 1998 a new Court was inaugurated following a radical REFORM Since then the Court has COMPRISED full-time judges from almost fifty European countries. Judges bring with them expert knowledge of their countrys LAWS and LEGAL SYSTEM. They are fully independent and do not REPRESENT any national INTERESTS. Je dclare solennellement que jexercerai mes fonctions de juge avec honneur, indpendance et impartialit impartially and that I will keep secret all DELIBERATIONS. Thank you very much. Established in 1949, when images of concentration camps and other Second World War atrocities were still fresh in peoples minds, the Councils mission was and remains today to safeguard peace through the promotion and protection of HUMAN RIGHTS, DEMOCRACY, and the RULE OF LAW across Europe. With these goals in mind, the Councils first and most important TREATY was DRAFTED- the European Convention on Human Rights. The Convention was initially signed on the 4th of November 1950 by twelve countries. It ENTERED INTO FORCE in September 1953. In 1959 the European Court of Human Rights was set up with the task of examining ALLEGED VIOLATION of the CONVENTION.

Article 2. Everyones right to life shall be protected by law. No one Among others, the Convention guarantees freedom of EXPRESSION, freedom of THOUGHT and RELIGION, the RIGHT TO LIBERTY and SECURITY, the RIGHT TO RESPECT FOR private and family life, and the RIGHT TO MARRY and TO an education. The most fundamental of all is the right to LIFE. The Court has DEALT WITH a number of CASES CONCERNING disappearances or deaths of people taken INTO CUSTODY in police stations or prisons; sometimes into custody not even acknowledged by the authorities. Some of these cases LODGED against the Russian Federation concern the treatment of the Chechen population. The prohibition of torture, or inhuman or degrading treatment or punishment is another fundamental right. In 1999 France was found to be responsible for the TORTURE of Ahmed Selmouni, a CONVICTED drug-smuggler, while he was in police CUSTODY. The Court UPHELD Mr Selmounis ALLEGATIONS. The police officers had urinated over him, struck him, and threatened him with a glow lamp and a syringe. In 1989 the Court found that there would have been a violation of Article 3 if the United Kingdom had extradited Jan Soering, a German national, to the State of Virginia in the United States of America, where he was CHARGED with the MURDER of his girlfriends parents. The Court found that because the DEATH PENALTY was in force in Virginia, Mr Soering risked spending 6 to 8 years on death row not knowing whether he would be EXECUTED or not. This in itself, the Court RULED, would have amounted to inhuman and degrading treatment. The most common COMPLAINTS brought before the Court, however, concern the right to a FAIR HEARING. Especially the length of time people have had to wait for their cases to be resolved. This problem is most prevalent in Poland, and especially Italy. Many thousands of cases have come to the Court from applicants, some of whom have waited over 20 years for a FINAL JUDGEMENT. Many cases, concerning the failure to execute final JUDICIAL DECISIONS have also been BROUGHT against Russia and Ukraine. For example, Anatoli Burdov who worked on the Chernobyl site following the nuclear disaster had to wait for several years before the Russian authorities paid him the COMPENSATION awarded by the Court for his health problems. For more than fifty years the Court has RULED ON numerous social issues. These include abortion, assisted suicide, strip searches, domestic slavery, the right of a person whose birth mother requested confidentiality to find out about his or her origins, adoption by homosexual couples, wearing an Islamic headscarf in education institutions, the protection of journalist sources, DISCRIMINATION AGAINST Roma, or environmental problems. 2

Prior to the creation of the Convention system and its various PROTOCOLS, individuals could not bring complaints of human rights ABUSES against their own governments before an international court, neither could one government bring a case concerning another governments treatment of its own people. From the beginning, almost all the cases SUBMITTED TO the Court have come from individual members of the general public. Sometimes, APPLICANTS are well-known in their own country, or even internationally. One example is Princess Caroline of Hannover. In 2004 the Court FOUND in her FAVOUR in a case BROUGHT AGAINST Germany. The State was found to have breached the Princesss right to respect for family life by allowing the publication of paparazzi photos taken without her knowledge. Court cases can also touch on politically sensitive ISSUES, such as the prosecution of those responsible for the shootings of East Germans trying to flee to the West across the Berlin wall. Egon Krenz, who was president of the Council of State at the time of the events in question, CONTESTED the LEGALITY of his murder CONVICTION for the shootings. However, the Court HELD unanimously that there had been no violation of his rights UNDER the Convention. One aspect of the Convention system that some people find difficult to accept is that the rights and freedoms of guarantees apply to everyone, including convicted CRIMINALS. For example, the Court ruled that two ten-year-old British boys who murdered a toddler had not had a FAIR HEARING. It was found that they had been unable to participate effectively in their TRIAL, which lasted three weeks in public in an adult court not adapted to the needs of such young offenders. Overall, the sheer number of people PROTECTED by the Convention system is staggering; there are around 800 million people living in the countries which have RATIFIED the Convention alone, an area stretching across eighteen time zones, from Greenland to Cyprus, and from Portugal to Vladivostok in eastern Russia. Non-Europeans, whether REFUGEES, tourists, or people who happen to be within the JURISDICTION of the country concerned are also protected. For instance, the Court found in 2006 that Belgium had VIOLATED the Convention by holding a 5-year-old Congolese girl for more than two months in a transit zone at Brussels airport.

How the Court Works


Not everyone turning to the Court for help is successful in BRINGING a case, however. The Court receives many hundreds of letters and telephone calls a day, as well as faxes and emails. Applications are sorted and then sent to one of the UNITS within the Court. From then on, there are a number of CRITERIA to MEET. Applicants must have exhausted all the LEGAL REMEDIES in the country 3

concerned, which can take many years. They must also apply to the Court WITHIN six months of the final decision at national level. They must be able to CLAIM that at least one of their RIGHTS PROTECTED UNDER the Convention has been VIOLATED, and that one of the countries which HAS RATIFIED the Convention is responsible. The events in question must also have taken place after the state concerned ratified the CONVENTION. For Ukraine, for example, this means that events which OCCURRED before 11th September 1997 are not COVERED. All DECISIONS, whether or not a case is ADMISSIBLE are taken by judges SITTING as threejudge COMMITTEES, seven-judge CHAMBERS, or as a GRAND CHAMBER of seventeen judges. The Court goes on to DELIVER JUDGEMENT only in ADMISSIBLE CASES; it RULES ON whether or not theres been a violation of the Convention, and may AWARD DAMAGES. The judgements are BINDING in that the state concerned must pay any COMPENSATION AWARDED, DEAL WITH the issues RAISED for the individual concerned, and take general measures to solve any underlying problems to make sure the same situation does not occur again. Possible measures include ENACTING a new law or REFORMING a PROCEDURE. Insuring that the Courts judgements are respected, that the necessary REMEDIAL ACTION is taken is the task of the Council of Europes EXECUTIVE arm- the Committee of Ministers; this is made up of the Foreign Affairs ministers of the Councils member states, or their permanent REPRESENTATIVES. The Committee of Ministers meets regularly to discuss the EXECUTION of court judgements. Cases remain on its books until members are satisfied that the judgement has been IMPLEMENTED, and that APPROPRIATE MEASURES have been put in place to ENSURE that the same problem does not RECUR. The presence of representatives of all the Councils member states ensures that political pressure can be brought to bear on the countries that are slow to meet their OBLIGATIONS. The Courts judgements have led to a great many changes in national LEGISLATION and, among other examples, have opened the way for RETRIALS of good individuals CONVICTED following an UNFAIR TRIAL, for the restoration of EXPROPRIATED properties to their owners or the payment of appropriate COMPENSATION, or for the granting of residents permit to individuals threatened with deportation, and equal treatment of German nationals and foreigners WITH REGARD TO the payment of family allowances. Today, although the Court is more productive than ever before, staff are working under everincreasing pressure. The number of new applications coming to the Court is growing all the time. There are large numbers of often complex cases arriving from the newest states to join the Conventions system, while new protocols to the Convention prohibiting discrimination and the death penalty will 4

further add to the Courts case load. There is only so much rationalization the Court can do, however. Ultimately, governments must take action at national level, both by ensuring that the Courts judgements are rapidly implemented, and by RESOLVING the underlying legal and human rights problems. For half a century the Court has been a bastion of HUMAN RIGHTS in Europe- Europes conscience. To be effective for another fifty years and beyond it will need the continued support of Europes governments.

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