Category Archives: regional human rights protection

ECtHR Decides that Confiscation of Property Does Not Violate Rights

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Judges of the European Court of Human Rights
Credit: Alban Bodineau, Council of Europe

Last week, on May 12, 2015, in Gogitidze and Others v. Georgia, the European Court of Human Rights held that the confiscation of property from a former public official did not violate the European Convention on Human Rights. The applicants claimed that Georgia had violated their right to property under the First Protocol to the European Convention, and their right to a fair trial under the European Convention.  In finding no violation of the right to property, the Court reasoned that the State had struck a fair balance between the means taken to confiscate the applicants’ assets and the public interest in combating State corruption. Regarding the right to a fair trial, the Court found that the applicants had waived their right to participate in proceedings by failing to appear at the trial. See ECtHR, Gogitidze and Others v. Georgia, no. 36862/05, Judgment of 12 May 2015. Read more

Inter-American Court to Rule on Anti-Gay Discrimination in Ecuador’s Military

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Commissioners, Ecuador’s Representatives, and Petitioners at an IACHR hearing
Credit: Eddie Arrossi

The Inter-American Court of Human Rights will have the opportunity to determine for the first time whether State regulations designed to uphold discipline within a military institution may punish sexual acts between persons of the same sex without violating the principle of equality and non-discrimination. In December 2014, the Inter-American Commission on Human Rights filed an application to submit the case of Homero Flor Freire v. Ecuador to the Court. The case involves the discharge of Mr. Flor from the Ecuadorian army as punishment for allegedly committing sexual acts with a person of the same sex. In 2013, the Commission held that Ecuador had violated Mr. Flor’s rights to a fair trial, judicial protection, equal protection before the law, and non-discrimination. The Commission referred the case to the Court after Ecuador failed to comply with the Commission’s recommendations. [IACHR Press Release]

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ECTHR: Armenia Violates Freedom of Assembly and Right to an Effective Remedy

ECTHR

Courtroom in the ECtHR
Credit: Wikimedia Commons Adrian Grycuk

On March 31, 2015 the European Court of Human Rights (ECtHR) released its judgment in Helsinki Committee of Armenia v. Armenia, concerning the State’s denial of a non-governmental human rights organization’s (NGO) application to hold an event dedicated to mourning the death of a murder investigation witness at the police station. See ECtHR, Helsinki Committee of Armenia v. Armenia, no. 59109/08, Judgment of 31 March 2015.

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Inter-American Court Holds 108th Ordinary Session and 52nd Extraordinary Session

Inter-American Court judges

Judges of the Inter-American Court of Human Rights
Credit: IACtHR

The Inter-American Court of Human Rights (IACtHR) is currently holding its 108th Ordinary Session, which began on April 13 and will conclude on April 17, 2015 in San Jose, Costa Rica, and will be holding its 52nd Special Session from April 20 to April 24, 2015 in Cartagena, Colombia.

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African Commission Addresses Torture of Human Rights Defenders in Sudan

51st Ordinary Session of the African Commission on Human and Peoples' RightsCredit: ACHPR
The 15th Extra Ordinary Session of the African Commission on Human and Peoples' Rights  Credit: ACHPR

The 15th Extra Ordinary Session of the African Commission on Human and Peoples’ Rights
Credit: ACHPR

On March 10, 2015, the African Commission on Human and Peoples’ Rights published a decision condemning Sudan’s mistreatment of human rights defenders, which remains a pressing concern in the country.  In the case of Monim Elgak, Osman Hummeida and Amir Suliman v. Sudan, the African Commission held that the government of Sudan violated several articles of the African Charter on Human and Peoples’ Rights when authorities arrested, detained, and tortured three human rights defenders who were accused of espionage based on their cooperation with the Office of the Prosecutor of the International Criminal Court. ACommHPR, Monim Elgak, Osman Hummeida and Amir Suliman v. Sudan, Communication 379/09, 15th Extra-Ordinary Session, 7-14 March 2014. Since 2005, the Office of the Prosecutor has been investigating several Sudanese political leaders and other individuals charged with crimes against humanity, war crimes, and genocide in connection with the situation in Darfur.

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ECtHR: Refusal to Authorize Gender Reassignment Surgery Violates Convention

Judges deliberating at the European Court of Human Rights   Credit: Council of Europe
The European Court of Human Rights   Credit: Council of Europe

The European Court of Human Rights
Credit: Council of Europe

On March 10, 2015, the European Court of Human Rights (ECtHR) released its judgment in Y.Y. v. Turkey, where it unanimously held that the State’s refusal to authorize gender reassignment surgery for the transsexual applicant violated the right to respect for private life under the European Convention of Human Rights. See ECtHR, Y.Y. v. Turkey, no. 14793/08, Judgment of 10 March 2015 (decision is currently being processed). The Court reasoned that the State’s grounds for denying the surgery – including that the applicant was not unable to procreate – were not sufficient, and that the State’s interference with Y.Y.’s right to respect for his private life was not “necessary” in a democratic society, thus violating Article 8 of the European Convention. The Court stated that transsexuals’ rights to personal development and physical and moral security “could not be regarded as a matter of controversy.” [ECtHR Press Release]

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