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(ENG) ECHR - Film on the European Court of Human Rights (English Version)

European Court of Human Rights · 1,878 words · 9 min read

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0:20[Music]

0:24fore

0:43[Music]

0:46each year tens of thousands of people

0:49who consider that their fundamental

0:51rights have been breached turn to the

0:54European Court of Human

0:56Rights what is this court which for over

1:00half a century has allowed individuals

1:02to have States held to account and whose

1:05decisions May ultimately affect our

1:07everyday

1:08lives it was in

1:101949 in the aftermath of the second

1:12world war that a number of countries

1:14joined forces to set up the Council of

1:17Europe in order to promote human rights

1:19democracy and the rule of law across

1:22[Music]

1:24Europe they adopted the European

1:26convention on human rights setting up a

1:29system that was unique at that time

1:31including a binding supervisory

1:34mechanism that was how the court came

1:36into being in

1:371959 reflecting the member states desire

1:40never again to experience the atrocities

1:43committed in the mid 20th

1:45Century 12 states signed up initially

1:49now there are almost 50 of

1:52them the court is based in Strasburg in

1:55the human rights building it is composed

1:58of one judge for each member state of

2:00the Council of Europe the judges who are

2:02elected by the Parliamentary assembly of

2:04the Council of Europe are fully

2:06independent and do not represent any

2:09national interests in dealing with cases

2:12the judges are assisted by the registry

2:14which employs qualified staff from all

2:16the member

2:18states the court receives hundreds of

2:21letters and phone calls every day when

2:24applications arrive at the court they

2:26are sorted and then dispatched to one of

2:29the units of the registry which prepare

2:31the files for the

2:33judges all the decisions are taken by

2:36the judges sitting as a single judge

2:39formation a three judge committee a

2:42seven judge chamber or a grand chamber

2:45of 17 judges for the most important

2:48cases the procedure is conducted in

2:50writing but in a very few cases the

2:53court also holds public hearings all of

2:56which are filmed and can be viewed via

2:58webcast

3:00the court receives a huge number of

3:03applications every year however the vast

3:05majority of them are rejected at the

3:07admissibility stage because the criteria

3:10for applying to the court have not been

3:12met for example because the applicants

3:14have not first raised their case before

3:16the national

3:18Courts for that reason the court

3:21delivers judgment on the merits in only

3:23a small proportion of the cases brought

3:25before

3:27it it then rules on whether or not there

3:30has been a violation of the convention

3:32and it may award financial

3:38compensation since it was first set up

3:41the court has completed the examination

3:43of hundreds of thousands of

3:45cases this is hardly surprising given

3:48that the number of individuals covered

3:50by the system totals around 820 million

3:53people that is the number of potential

3:56applicants living in the countries which

3:58have undertaken to complete

4:00with the

4:02convention in reality however there are

4:05even more potential applicants non

4:07Europeans whether they are refugees or

4:10other individuals who happen to be

4:12within the jurisdiction of a member

4:13state are also

4:17protected for instance the court found a

4:20violation of the convention by Italy

4:22following the forced return of Somalians

4:24and eritreans to Libya from where they

4:27had originally set out by boat for

4:29Europe the Court held that they would be

4:31at risk of ill treatment if they were

4:34repatriated in exceptional cases the

4:37scope of the convention can also extend

4:40beyond Europe's

4:43borders the court found the United

4:45Kingdom to be in breach of the

4:47convention following the deaths of

4:49civilians in Iraq during security

4:51operations carried out by British forces

4:54the Court held that as an occupying

4:56power responsible for maintaining

4:58Security in the region concerned the

5:01United Kingdom should have conducted an

5:02investigation into civilian deaths in

5:05which British soldiers were

5:08involved a state can thus be held

5:10responsible for events occurring outside

5:13its

5:14territory but states can also be held

5:16accountable for acts committed within

5:18their jurisdiction by another state if

5:21they were aware of

5:23them this was the case with the Former

5:26Yugoslav Republic of Macedonia which was

5:29found to be in breach of the convention

5:31because a person suspected of terrorism

5:33was tortured while on that State's

5:35territory the torture had been committed

5:38by CIA agents but in the presence of

5:41officials of the state

5:43concerned numerous rights are protected

5:46under the convention the most

5:48fundamental is the right to life and the

5:51death penalty is no longer applied in

5:53any member state of the Council of

5:57Europe some cases concern the treatment

6:00to which the population is subjected in

6:02Conflict

6:04zones other cases relate to the state's

6:07failure to protect

6:09individuals the court found a violation

6:11by turkey for an infringement of the

6:14right to life and discrimination against

6:16women the case concerned physical

6:19assaults carried out repeatedly by a man

6:21on his wife and his mother-in-law the

6:24husband later killed his

6:28mother-in-law the court has also had to

6:30rule on the sensitive issue of the end

6:32of life in a case against France it held

6:36that there would not be a violation of

6:38the convention in the event of

6:40implementation of a decision by the

6:41French courts to authorize the

6:43withdrawal of artificial nutrition and

6:46hydration from a person in a vegetative

6:52state another fundamental right is the

6:54prohibition of torture and inhuman or

6:56degrading treatment

7:01Greece was found to be responsible for

7:03the torture of an unlawful migrant from

7:05Turkey whose boat was stopped by Greek

7:07Coast Guard officials while he was

7:09attempting to reach Italy the man had

7:12then been beaten and sexually assaulted

7:14by one of the

7:17officials in numerous other cases

7:20brought against various countries the

7:22court has identified problems with

7:24overcrowding in prisons and in human and

7:26degrading conditions of detention

7:30but most of the cases coming before the

7:32court concern the right to a fair

7:34hearing and especially the length of

7:37domestic proceedings the court has

7:39received thousands of applications from

7:41individuals who in some cases have

7:43waited more than 20 years for a final

7:46judgment in their own

7:48country there are also very many cases

7:51concerning the failure to execute final

7:53judicial

7:56decisions for example Anatoli bof who

8:00worked on the Chernobyl site following

8:01the nuclear disaster had to wait several

8:04years before the Russian authorities

8:06paid him the compensation awarded by the

8:08domestic Courts for his health

8:10problems the court in Strasburg held

8:13that a state could not site budget

8:14shortages as a reason for not executing

8:17a Judicial

8:20decision the rights and freedoms

8:22contained in the convention are set out

8:24in general terms and the court has to

8:26interpret them in the context of today's

8:28society

8:30in order to avoid the convention

8:31becoming a document that is out of touch

8:33with contemporary

8:34[Music]

8:36issues for instance the court has

8:39delivered judgments in several cases

8:41concerning discrimination against

8:43homosexuals whether in the context of

8:45the criminalization of homosexuality the

8:47ban on homosexuals in the armed forces

8:50or the organization of Gay Pride marches

8:52and with regard to civil

8:56Partnerships it has also had to rule on

8:58Environmental mental

9:00issues in a case which led to a finding

9:03against Italy and subsequently to the

9:05closure of a hazardous industrial plant

9:08the court found that the authorities had

9:10not informed people living near the

9:12plant about the risks and the procedure

9:14to follow in the event of an accident

9:17even though there had already been one

9:18explosion and numerous cases of

9:23poisoning the court has also ruled on

9:26issues that were unimaginable when the

9:28convention was adopted

9:29for example in cases concerning new

9:34technology in one case it found that

9:37turkey had breached the convention by

9:39blocking access to the entire Google

9:42sites internet hosting service the Court

9:45held that restricting access to the

9:47internet in this way was a breach of

9:49freedom of

9:51expression some of the cases dealt with

9:53by the court relate to politically

9:55sensitive

9:57issues one such a example was the case

10:00brought by Julia timoshenko the former

10:03prime minister of Ukraine and leader of

10:05one of the country's main opposition

10:08parties she was charged with abuse of

10:10power following the change of government

10:12and was placed in pre-trial detention

10:15the court found that Miss timoshenko's

10:17detention had been arbitrary and

10:19unlawful that it had not been the

10:21subject of a proper review and that it

10:24had been motivated by reasons other than

10:26the suspicions against her

10:29some cases provoke a strong reaction

10:31from members of the

10:33public the rights set forth in the

10:35convention apply to everyone including

10:38individuals who have committed very

10:40serious

10:41offenses many people find this difficult

10:44to

10:46understand in a case against Germany

10:49which resulted in a finding of a

10:51violation the Court ruled that it is not

10:53permissible to threaten someone with

10:55torture even if another person's life is

10:58at stake

11:00German police officers had threatened to

11:02torture an individual who had abducted

11:04and murdered an 11-year-old boy in order

11:07to force him to reveal the location of

11:08the victim whom they belied to be still

11:13alive these are just a few examples of

11:16cases the court has found many thousands

11:19of

11:21violations the court may find that a

11:23state has indeed breached the convention

11:26but in Practical terms what is the

11:28impact of a judge J M finding a

11:30violation the repercussions are very

11:32far-reaching as states are bound to

11:35comply with and execute the judgments

11:37that concern

11:40them ensuring that the Court's judgments

11:42are respected and that the necessary

11:45remedial action is taken to prevent

11:47similar violations of the convention in

11:48future is the task of the Council of

11:51Europe's executive arm the committee of

11:54ministers this committee is made up of

11:56the Foreign Affairs Ministers of the

11:58council's member state

11:59or their permanent

12:01Representatives the committee of

12:03ministers meets regularly to verify the

12:05execution of Court judgments and cases

12:08remain on its books until it is

12:10satisfied with the measures taken by the

12:12state

12:13[Music]

12:15concerned the judgments delivered in

12:17Strasburg have led to numerous changes

12:19in National legislation affecting the

12:21lives of

12:24everyone they have also opened the way

12:27for retrials of individuals convict Ed

12:29following an unfair trial for the

12:31restitution of expropriated properties

12:33to their owners or the payment of

12:36compensation for the closure of

12:38factories causing pollution and for the

12:41release of individuals who have been

12:42detained

12:44unlawfully in recent years several high

12:47level conferences on the future of the

12:49Court have emphasized the importance of

12:51the principle of

12:53subsidiarity under this principle cases

12:56should only reach the court when the

12:58fundamental rights of the individuals

13:00concerned have not been recognized

13:02directly at National

13:06level however the court still receives a

13:09great many similar repetitive

13:11applications because states have not

13:13applied the convention or have not

13:15enacted legislation to implement and

13:17Safeguard the rights it

13:20protects a number of reforms have been

13:22implemented to enhance the Court's

13:26Effectiveness ultimately however it is

13:28at National level that the convention

13:30has to be

13:36applied governments must take action to

13:39ensure that the convention is respected

13:41in their

13:46country in the meantime the court

13:49continues to serve as the Bastion of

13:51human rights in Europe a last resort for

13:54millions of people as it has been for

13:57over half a century

14:01[Music]

14:24[Music]

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