Human-rights cases

Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-3-a) Manifestly ill-founded;No violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life) read in the light of Article 9 - (Art. 9) Freedom of thought, conscience and religion (Article 9-1 - Freedom of religion)

Information received concerning an alleged physical attack against Mr. Monohar Pegu and Mr. Ritupan Pegu and their subsequent detention and criminalisation. Mr. Manohar Pegu and Mr. Ritupan Pegu are human rights defenders, members of the Greater Kaziranga Land and Human Rights Committee (GKLHRC). The GKHLRC was established in 2021. It is a large group with members in more than 100 villages around the area of Kaziranga National Park and Tiger Reserve, a UNESCO World Heritage Site. The group aims to protect the biodiversity of the park and the land rights of the people living in the vicinity of it, including indigenous Adivasi peoples. Alleged victims: 2 More details...

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)

Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Access to court);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of application)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Degrading treatment;Prohibition of torture)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention)

Preliminary objection joined to merits and dismissed (Art. 35) Admissibility criteria;(Art. 35-3-a) Ratione materiae;Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-3-a) Manifestly ill-founded;Violation of Article 4 - Prohibition of slavery and forced labour (Article 4 - Positive obligations;Effective investigation;Article 4-1 - Trafficking in human beings) (Procedural aspect);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment);Violation of Article 5 - Right to liberty and security (Article 5-3 - Length of pre-trial detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment)

Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time)

Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Remainder inadmissible (Art. 35) Admissibility criteria;(Art 35-1) Four-month period (former six-month);Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of association);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life);Pecuniary and non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Pecuniary damage;Just satisfaction)

Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-1-c - Reasonable suspicion;Article 5-3 - Reasonableness of pre-trial detention)

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-c - Reasonable suspicion)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment;Inhuman treatment);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-f - Prevent unauthorised entry into country);Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Article 5-1-f - Prevent unauthorised entry into country);No violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Article 5-1-f - Prevent unauthorised entry into country);Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review;Review of lawfulness of detention;Speediness of review);Respondent State to take measures of a general character (Article 46 - General measures (pilot judgment));Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect)

No violation of Article 2 - Right to life (Article 2 - Expulsion) (Albania);No violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Albania)

Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)

Information received concerning the killing of Ms. Jumana Farid Mahmoud Arafa, her newborn twins, Aser and Aysel Muhammed Mahdi Abu al-Qumsan, and Ms. Arafa’s mother, Ms. Reem Jamal al-Batrawi by the Israeli occupation forces. Alleged victims: 4 More details...

Information received concerning the forced eviction and resettlement of at least 40,000 people, including Indigenous Peoples, from their homes and lands in Angkor. Such evictions and resettlement have allegedly been carried out without the Indigenous Peoples’ free, prior and informed consent, meaningful consultation, due process, redress including compensation, and without the provision of adequate housing of their choice and of equal quality at the resettlement site. The resettlement plans have been allegedly made to protect Angkor’s UNESCO World Heritage Status, following a 1992 UNESCO report which indicated that living around the restricted area of Angkor was inappropriate to preserve the archaeological site. Alleged victims: 10000 More details...

Information received concerning the forced eviction and resettlement of at least 40,000 people, including Indigenous Peoples, from homes and lands in Angkor. Such evictions and resettlement have allegedly been carried out without the Indigenous Peoples’ free, prior and informed consent, meaningful consultation, due process, redress including compensation, and without the provision of adequate housing of their choice and of equal quality at the resettlement site. The resettlement plans have been allegedly made to protect Angkor’s UNESCO World Heritage Status, following a 1992 UNESCO report which indicated that living around the restricted area of Angkor was inappropriate to preserve the archaeological site. Concerns have been raised over the role of ICC-Angkor, co-chaired by your Excellency’s Government and the Government of France, in the framework of these evictions. Alleged victims: 10000 More details...

Preliminary objection dismissed (Art. 35) Admissibility criteria;(Art. 35-1) Exhaustion of domestic remedies;Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-3-a) Manifestly ill-founded;No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect)

Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment;Inhuman treatment) (Substantive aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect)

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 2 of Protocol No. 1 - Control of the use of property);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - finding of violation sufficient (Article 41 - Non-pecuniary damage;Just satisfaction)

Informations reçues concernant l'expulsion forcée et la réinstallation d'au moins 40 000 personnes, y compris des peuples autochtones, de leurs maisons et de leurs terres à Angkor. Ces expulsions et réinstallations auraient été effectuées sans le consentement préalable, libre et éclairé des populations autochtones, sans consultation sérieuse, sans procédure régulière, sans réparation y compris compensation et sans que des logements adéquats de leur choix et d’égale qualité soient fournis sur le site de réinstallation. Les plans de réinstallation auraient été élaborés pour protéger le statut de patrimoine mondial de l'UNESCO d'Angkor, à la suite d'un rapport de l'UNESCO de 1992 qui indiquait que vivre autour de la zone restreinte d'Angkor n'était pas approprié pour préserver le site archéologique. Des inquiétudes ont été exprimées quant au rôle de la CIC-Angkor, coprésidée par le gouvernement de votre Excellence et le gouvernement du Japon, dans le cadre de ces expulsions. Alleged victims: 10000 More details...

Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation;Positive obligations) (Procedural aspect);Violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations;Article 8-1 - Respect for private life)

Preliminary objection dismissed (Art. 35) Admissibility criteria;(Art. 35-1) Exhaustion of domestic remedies;Violation of Article 2 - Right to life (Article 2 - Positive obligations;Article 2-1 - Life) (Substantive aspect);Violation of Article 13+2 - Right to an effective remedy (Article 13 - Effective remedy) (Article 2-1 - Life;Article 2 - Right to life);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) (Greece);No violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Article 5-1-f - Expulsion) (Greece);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention) (Greece);Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Procedural aspect) (Germany);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Struck out of the list (Article 37-1 - Striking out applications;Article 37-1-a - Absence of intention to pursue application;Article 37-1-c - Continued examination not justified)

Preliminary objection joined to merits and dismissed (Art. 35) Admissibility criteria;(Art. 35-1) Exhaustion of domestic remedies;Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-a - After conviction);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)

Struck out of the list (Article 39 - Friendly settlement)

Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13+6-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 6 - Right to a fair trial;Criminal proceedings;Article 6-1 - Reasonable time)

Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time)

Struck out of the list (Art. 37) Striking out applications-{general};(Art. 37-1) Striking out applications;(Art. 37-1-c) Continued examination not justified

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading punishment;Inhuman punishment) (Substantive aspect)

Violation of Article 3 - Prohibition of torture (Article 3 - Degrading punishment;Inhuman punishment) (Substantive aspect);No violation of Article 3 - Prohibition of torture (Article 3 - Degrading punishment;Inhuman punishment) (Substantive aspect);Non-pecuniary damage - finding of violation sufficient (Article 41 - Non-pecuniary damage;Just satisfaction)