Last Updated: Friday, 26 May 2017, 12:39 GMT

Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country.  Website: www.echr.coe.int/Pages/home.aspx?p=home
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Abdullahi Elmi and Aweys Abubakar v. Malta

22 November 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Malta - Somalia

Ramadan v. Malta

On 21 June, the European Court of Human Rights delivered its judgement in Ramadan v. Malta, a case concerning the revocation of Maltese citizenship that rendered the applicant stateless. The Court did not find any violation of Article 8 of the European Convention on Human Rights (ECHR), but noted that arbitrary revocation of citizenship can in certain circumstances be problematic under Article 8 because of its impact on the right to private life. Judge Pinto de Albuquerque’s dissenting opinion called on the Court to recognize the right to citizenship as an autonomous right under the ECHR and referenced to UNHCR’s Global Action Plan to End Statelessness. A request to refer the case to the Grand Chamber is currently pending.

21 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Malta

Moxamed Ismaaciil and Abdirahman Warsame v. Malta

12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia

Mahamed Jama v. Malta

26 November 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Prison or detention conditions | Countries: Malta - Somalia

Suso Musa v. Malta

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Habeas corpus - Immigration Detention - Regional instruments - Right to liberty and security | Countries: Malta - Sierra Leone

Aden Ahmed v. Malta

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Habeas corpus - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Malta - Somalia

Genovese v. Malta

11 October 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Citizenship / Nationality law - Denial of nationality - Multiple nationality - Proof of nationality - Right to a nationality | Countries: Malta

Louled Massoud v. Malta

27 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Criminal justice - Immigration Detention - Right to liberty and security - Trafficking in persons | Countries: Algeria - Malta

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