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The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg.
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation.
Dudgeon v the United Kingdom (1981) was a European Court of Human Rights (ECtHR) case, which held that Section 11 of the Criminal Law Amendment Act 1885 which criminalised male homosexual acts in England, Wales and Northern Ireland violated the European Convention on Human Rights.
A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
Sir Nicolas Dušan Bratza is a British lawyer and a former President of the European Court of Human Rights.
Aindrias Ó Caoimh was an Irish judge and barrister who served as a Judge of the European Court of Justice from 1975 to 1985, President of the High Court and a Judge of the High Court from 1966 to 1975 and Attorney General of Ireland from January 1950 to June 1950 and 1957 to 1965.
Robert John Reed, Baron Reed of Allermuir, is a British judge who has been President of the Supreme Court of the United Kingdom since January 2020. He was the principal judge in the Commercial Court in Scotland before being promoted to the Inner House of the Court of Session in 2008. He is an authority on human rights law in Scotland and elsewhere; he served as one of the UK's ad hoc judges at the European Court of Human Rights. He was also a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case.
Jean-Paul Costa was a French jurist and was the President of the European Court of Human Rights from 19 January 2007 until his term at the Court ended on 3 November 2011. He was first appointed a judge of the Court on 1 November 1998, and in 2009 was elected to serve an additional three years as President.
Christos Rozakis is a Greek judge, and currently the President of the Administrative Tribunal of the Council of Europe. He was formerly the first vice-president of the European Court of Human Rights. In 1996, he also served briefly as a Deputy Foreign Minister of Greece.
Lech (Leszek) Garlicki is a Polish jurist and constitutional law specialist. Since 1988 he has been a professor at the Warsaw University, in the years 1993–2001 judge of the Constitutional Tribunal of the Republic of Poland and in the years 2001–2002 president of the Polish Society of Constitutional Law. Since 2002 he has been a judge of European Court of Human Rights.
Luzius Wildhaber was a Swiss judge. He was the first president of the European Court of Human Rights in its new format after the ratification of Protocol 11, which opened up direct access for citizens from the 47 member states of the Council of Europe.
Dean Spielmann is a Luxembourgish lawyer and a former president of the European Court of Human Rights. He has been a judge of the European Court of Human Rights in respect of Luxembourg since 2004, president of the Fifth Section of the Court since 2011 and was elected vice-president and then, shortly afterwards, president in 2012. He is also a member of the Grand Ducal Institute of Luxembourg and has held academic posts at the universities of Luxembourg, Nancy and Louvain.
Anatoly Ivanovich Kovler is a Tajikistani-born Russian lawyer, former professor at the Academic Law University of the Russian Academy of Sciences and the judge of the European Court of Human Rights in respect of Russia. His term expired on 31 October 2012.
Giovanni Bonello is a Maltese judge, judge of the European Court of Human Rights from 1998 until 2004, then extended till 2010.
Róbert Ragnar Spanó is an Icelandic jurist, judge, and former president of the European Court of Human Rights. He has been a partner at the multinational law firm of Gibson, Dunn & Crutcher since the end of this tenure as President of the Court in October 2022. He started his tenure as President of the Court on 18 May 2020, succeeding Judge Sicilianos from Greece. Before beginning his service on the court on 1 November 2013, he served provisionally as parliamentary ombudsman of Iceland and Dean of the Faculty of Law, University of Iceland. Spano's mandate as a Judge and President of the Court ended on 31 October 2022 when he was succeeded by Judge Siofra O'Leary.
Guido Raimondi is an Italian judge born in Naples and former judge and President of the European Court of Human Rights (ECHR). Raimondi was nominated to the court by Italy and began his 9-year term as ECHR judge on 5 May 2010. He was the President of ECHR from 1 November 2015 until 4 May 2019.
References
- ↑ Composition of the Court, European Court of Human Rights, 2009
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