Article 1 - Obligation to respect human rights
All Updates
Cases selected for updating the Case-Law Guide.
Mansouri v. Italy (dec.) [GC], no. 63386/16
Complaint about lawfulness and conditions of a Tunisian national’s confinement on board the ship used to return him to Tunisia on the basis of an order refusing him entry to Italy.
Decision | Legal Summary
Schwarz v. Germany (dec.), nos. 10100/16 and 29507/21
Arrest and detention of a German national by the Thai police in Thailand after the German authorities had cancelled his passport on the ground that he was seeking to evade criminal prosecution in Germany.
Decision
Ioannides v. Cyprus, no. 32879/18
Lack of access to property located in the buffer zone and occupation of the applicant’s house by the UN Peacekeeping Force, based on the respondent State’s authorisation, and the latter’s refusal to pay her any rent in that respect.
Judgment
A.L. and E.J. v. France (dec.), nos. 44715/20 and 47930/21
French jurisdiction in respect of remote retrieval of EncroChat user data and French authorities’ transfer of data of users located in the United Kingdom to UK authorities pursuant to European Investigation Order.
Decision | Legal Summary
Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18
Administrative practices in Crimea resulting in multiple human rights violations.
Judgment | Legal Summary
The J. Paul Getty Trust and Others v. Italy, no. 35271/19
State responsibility for issuing a confiscation order intended to be executed in another State.
Judgment | Legal Summary
Duarte Agostinho and Others v. Portugal and 32 Others (dec.) [GC], no. 39371/20
Extraterritorial jurisdiction in the context of climate change.
Decision | Legal Summary
al-Hawsawi v. Lithuania, no. 6383/17
Inhuman treatment and unacknowledged, incommunicado detention of a terrorist suspect during CIA extraordinary rendition operations.
Judgment | Legal Summary
Israilov v. Russia, nos. 21882/09 and 6189/10
The Russian authorities' failure to comply with the procedural obligation to cooperate with the Austrian authorities in the investigation into the murder of the applicant’s son in Austria.
Judgment
Aliyev v. Armenia (dec.), no. 25589/16
Lack of jurisdiction of Armenia for alleged Convention violations during the “Four-Day War” on the territory beyond the line of contact between Armenia and the “Republic of Nagorno-Karabakh”.
Decision | Legal Summary
Allahverdiyev v. Armenia (dec.), no. 25576/16
Lack of jurisdiction of Armenia for alleged Convention violations during the “Four-Day War” on the territory beyond the line of contact between Armenia and the “Republic of Nagorno-Karabakh”.
Decision | Legal Summary
Hakobyan v. Azerbaijan (dec.), nos. 74566/16 and 74573/16
Lack of jurisdiction of Azerbaijan for alleged Convention violations during the “Four-Day War” on the territory beyond the line of contact between Azerbaijan and the “Republic of Nagorno-Karabakh”.
Decision | Legal Summary
Ohanyan and Others v. Azerbaijan (dec.), no. 74508/16
Lack of jurisdiction of Azerbaijan for alleged Convention violations during the “Four-Day War” on the territory beyond the line of contact between Azerbaijan and the “Republic of Nagorno-Karabakh”.
Decision | Legal Summary
Wieder and Guarnieri v. the United Kingdom, nos. 64371/16 and 64407/16
Territorial jurisdiction in relation to alleged bulk interception of communications of persons living abroad.
Judgment
Semenya v. Switzerland, no. 10934/21 (pending before the GC)
Court's jurisdiction in relation to arbitration in sports.
Judgment | Legal Summary
Dalvy v. 47 member States (dec.), no. 61548/21
Member States' individual responsibility for alleged lack of impartiality of the Administrative Tribunal of the Council of Europe.
Decision
Georgia v. Russia (IV) (dec.), no. 39611/18
Jurisdiction of Russia over Abkhazia and South Ossetia in relation to alleged administrative practices against ethnic Georgians stemming from a “borderisation” process.
Decision
Mamasakhlisi and Others v. Georgia and Russia, nos. 29999/04 and 41424/04
Jurisdiction of Russia and Georgia over Abkhazia prior to the armed conflict of 2008.
Judgment
Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16 and 2 others
Exclusion of jurisdiction and active phase of hostilities.
Decision | Legal Summary
H.F. and Others v. France [GC], nos. 24384/19 and 44234/20
Refusal to repatriate nationals held in camps in Syria.
Judgment | Legal Summary
A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others
Large groups of refugees crossing the land border unlawfully.
Judgment | Legal Summary
Toledo Polo v. Spain (dec.), no. 39691/18
Death of Spanish soldier, killed during UN peace-keeping mission by Israeli artillery in Lebanon.
Decision | Legal Summary
Bekoyeva and Others v. Georgia (dec.), nos. 48347/08 and 3 others
Jurisdiction of Georgia in South Ossetia during active phase of hostilities.
Decision
Shavlokhova and Others v. Georgia (dec.), nos. 45431/08 and 4 others
Jurisdiction of Georgia in South Ossetia during active phase of hostilities.
Decision | Legal Summary
Carter v. Russia, no. 20914/07
Poisoning and assassination of a Russian and British national in the United Kingdom by persons acting as agents of Russia.
Judgment | Legal Summary
Brandão Freitas Lobato v. Portugal (dec.), no. 14296/14
Seconded judges to courts outside the national territory.
Decision | Legal Summary
Hanan v. Germany [GC], no. 4871/16
Jurisdictional link engaging the obligation to investigate civilian deaths due to an airstrike occurring during active hostilities in extraterritorial armed conflict.
Judgment | Legal Summary
Veronica Ciobanu v. the Republic of Moldova, no. 69829/11
Minor in summer camp abroad under the control and authority of officials mandated by the Moldovan Ministry of Youth and Sports.
Judgment
Georgia v. Russia (II) [GC], no. 38263/08
"Jurisdiction" during the active phase of hostilities of an armed conflict and during the occupation phase after their cessation.
Judgment | Legal Summary
Ukraine v. Russia (re Crimea) (dec.) [GC], nos. 20958/14 and 38334/18
Jurisdiction of a State (Russia over Crimea) in an inter-State application (Article 33).
Decision | Legal Summary
M.K. and Others v. Poland, nos. 40503/17, 42902/17 and 43643/17
Decisions to refuse entry into the territory issued by the border authorities at the border checkpoints.
Judgment | Legal Summary
Makuchyan and Minasyan v. Azerbaijan and Hungary, no. 17247/13
Crime and conviction in another member State but transfer to serve the remainder of the prison sentence in home country in line with the Council of Europe’s Transfer Convention.
Judgment | Legal Summary
M.N. and Others v. Belgium (dec.) [GC], no. 3599/18
Refusal to grant visa applications submitted to an embassy in a non-member State by Syrian nationals on the basis of a risk of ill-treatment.
Decision | Legal Summary
N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15
Jurisdiction of the State in the context of migratory flows at borders.
Judgment | Legal Summary