Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V F-67075 Strasbourg-Cedex France Tel: +33 (0) 3 88 41 23 13 Mobile: +33 (0) 6 61 14 70 37 Fax: +33 (0) 3 90 21 50 53 E-mail: CommissionerHR.Communication@coe.int for more information Website of the Commissioner: www.coe.int/T/E/Commissioner_H.R euroPean commiTTee for The PrevenTion of TorTure Background This Committee was created by the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (European Torture Convention) which entered into force in 2002. It is currently made up of 36 experts 78 who serve in their individual capacities. The Committee’s sole task is to visit places of detention in states parties to the Convention to examine the treatment of persons there and to make recommendations to protect them from torture or inhuman and degrading treatment. The Committee does not address individual complaints. What you can Do You can bring detention-related torture or inhuman treatment concerns in your country to the attention of the Committee and encourage it to make an official investigative visit. evaluation The Committee undertakes both periodic and ad hoc visits to member states to investigate potential torture or inhuman or degrading treatment of persons who are detained. The scope of the Committee’s inquiry is not limited to prisons. Article 1 of the Convention directs it to address “the treatment of persons deprived of their liberty.” Accordingly, displaced persons detained in any circumstances may be eligible for the Committee’s attention. competence The Committee will only visit states parties to the European Torture Convention. A list of current states parties is available at: www.cpt.coe.int/en/states.htm. contact Regional Mechanisms | Europe European Committee for the Prevention of Torture Council of Europe F-67075 Strasbourg-Cedex France Tel: + 33 3 88 41 2388 Fax: +33 3 88 41 2772 E-mail: cptdoc@coe.int 78 According to Article 5 of the Convention, the Committee is comprised of a number of experts equal to the number of state parties. There are currently forty-five state parties; nine seats are vacant. Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 1
Go To Part I II III IV V for more information Website of the Committee: www.cpt.coe.int/en/ euroPean courT of human righTs Regional Mechanisms | Europe Preliminary Note: It is highly recommended that applicants considering filing a complaint with the Court seek the assistance of an experienced lawyer before submitting the initial forms. Many complaints are rejected at initial stages because of the Court’s complex admissibility rules. At later stages of a case, representation by a lawyer is mandatory (but at these stages, financial assistance to hire a lawyer may be granted). Background The Court has jurisdiction over matters concerning the interpretation and application of the European Convention on Human Rights and Fundamental Freedoms (ECHR) and its protocols, including individuals’ complaints against their own governments. The Court is made up of 41 judges – one for each member state of the Convention – who are elected by the Council of Europe’s Parliamentary Assembly and act in their individual capacities. What you can Do You can file a complaint with the Court for a violation of your rights under the ECHR or its protocols. evaluation The Court is one of the very few international human rights mechanisms with the power to issue binding judgments for monetary compensation. It is also one of the more misunderstood – as evidenced by the over 90 percent rate of rejections of complaints due to inadmissibility. For this reason, as noted above, it is highly recommended to seek the help of a lawyer from the beginning. Unfortunately, while the Court may grant legal aid upon request of those who cannot afford a lawyer, it will only do so once a complaint has already been filed and has been initially screened for admissibility. The Court has decided a number of cases concerning internally displaced persons or relevant to their interests. For example, in a series of cases concerning Cyprus and the conflict in Southeastern Turkey, the Court has awarded monetary compensation against the Turkish government for driving civilians from their homes. 79 The ECHR and its protocols have a broad reach, covering most widely accepted civil and political rights. They do not, however, address many economic or social rights (such as the rights to an adequate standard of living, food and housing). These types of issues may be brought before the Court only if there is an additional civil rights element, such as discrimination (for example, if housing assistance is provided to persons of one ethnicity but not to another). The Court has very strict and complex admissibility requirements as well as a large backlog and it is slower to complete cases than the UN treaty bodies. Moreover, the success rates of complainants are higher in the latter bodies. However, those bodies do not have the power to issue binding judgments, much less to assign monetary damage awards. 79 Case of Akdivar and Others v. Turkey (Application No. 21893/93) ( Judgment, 16 September 1996); Case of Bilgin v. Turkey (Application No. 23819/914) ( Judgment, 16 November 2000); Case of Dulas v. Turkey (Application No. 25801/94) ( Judgment, 30 January 1994); Case of Mentes and Others v. Turkey (Application No. 58/1996/677/867) ( Judgment, 28 November 1997); Case of Selçuk and Asker v. Turkey (Application No. 12/1997/796/998-999) ( Judgment, 24 April 1998); Case of Yöyler v. Turkey (Application No. 26973/95) ( Judgment, 24 July 2003). Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 1
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The Brookings insTiTuTion - univers
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aBouT The auThor David fisher is a
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Foreword by the Representative of t
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Acronyms and Abbreviations TreaTies
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Introduction This guide is meant fo
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i. Background
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It is crucial to recall that it is
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III. General Considerations in Usin
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IV. Thematic Roadmap
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CHILDREN Go To Part I II III IV V C
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UN Bodies International Mechanisms
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Guide to International Human Rights Mechanisms - Brookings

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