Array ( [id] => 2 [link] => [name] => [desc] => [children] => Array ( [0] => Array ( [id] => 6 [link] => https://book.coe.int/en/6-online-bookshop [name] => Online Bookshop [desc] => [children] => Array ( [0] => Array ( [id] => 40 [link] => https://book.coe.int/en/40-committee-of-ministers [name] => Committee of Ministers [desc] => [children] => Array ( [0] => Array ( [id] => 41 [link] => https://book.coe.int/en/41-texts-of-council-of-europe-treaties [name] => Texts of Council of Europe Treaties [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 42 [link] => https://book.coe.int/en/42-committee-of-ministers-other-publications [name] => Committee of Ministers - Other publications [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 43 [link] => https://book.coe.int/en/43-council-of-europe-treaties-and-explanatory-reports [name] => Council of Europe Treaties and explanatory reports [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 44 [link] => https://book.coe.int/en/44-collected-edition-of-the-council-of-europe-treaties-series [name] => Collected edition of the Council of Europe Treaties Series [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 45 [link] => https://book.coe.int/en/45-committee-of-ministers-compendium-of-adopted-texts [name] => Committee of Ministers - Compendium of adopted texts [desc] => [children] => Array ( ) ) ) ) [1] => Array ( [id] => 46 [link] => https://book.coe.int/en/46-parliamentary-assembly [name] => Parliamentary Assembly [desc] => [children] => Array ( [0] => Array ( [id] => 47 [link] => https://book.coe.int/en/47-parliamentary-assembly-adopted-texts [name] => Parliamentary Assembly / Adopted texts [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 48 [link] => https://book.coe.int/en/48-parliamentary-assembly-orders-of-the-day-minutes [name] => Parliamentary Assembly / Orders of the Day, Minutes [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 49 [link] => https://book.coe.int/en/49-parliamentary-assembly-official-reports-of-debates [name] => Parliamentary Assembly / Official Reports of Debates [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 50 [link] => https://book.coe.int/en/50-parliamentary-assembly-documents-working-papers [name] => Parliamentary Assembly / Documents, Working Papers [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 51 [link] => https://book.coe.int/en/51-parliamentary-assembly-general-publications [name] => Parliamentary Assembly / General publications [desc] => [children] => Array ( ) ) ) ) [2] => Array ( [id] => 52 [link] => https://book.coe.int/en/52-congress [name] => Congress [desc] => [children] => Array ( [0] => Array ( [id] => 53 [link] => https://book.coe.int/en/53-congress-local-and-regional-action-series [name] => Congress / Local and Regional Action Series [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 54 [link] => https://book.coe.int/en/54-congress-studies-and-texts-series [name] => Congress/ Studies and Texts Series [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 55 [link] => https://book.coe.int/en/55-congress-adopted-texts [name] => Congress / Adopted Texts [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 56 [link] => https://book.coe.int/en/56-congress-official-report-of-debates [name] => Congress / Official Report of Debates [desc] => [children] => Array ( ) ) ) ) [3] => Array ( [id] => 57 [link] => https://book.coe.int/en/57-human-rights [name] => Human Rights [desc] => [children] => Array ( [0] => Array ( [id] => 58 [link] => https://book.coe.int/en/58-human-rights-and-democracy [name] => Human Rights and Democracy [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 59 [link] => https://book.coe.int/en/59-children-s-rights-and-family-law [name] => Children's rights and family law [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 60 [link] => https://book.coe.int/en/60-making-democratic-institutions-work [name] => Making democratic institutions work [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 61 [link] => https://book.coe.int/en/61-minorities [name] => Minorities [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 62 [link] => https://book.coe.int/en/62-human-rights-files [name] => Human Rights Files [desc] => [children] => Array ( ) ) [5] => Array ( [id] => 63 [link] => https://book.coe.int/en/63-european-social-charter [name] => European Social Charter [desc] => [children] => Array ( ) ) [6] => Array ( [id] => 64 [link] => https://book.coe.int/en/64-social-charter-monographs [name] => Social Charter Monographs [desc] => [children] => Array ( ) ) [7] => Array ( [id] => 65 [link] => https://book.coe.int/en/65-gender-equality [name] => Gender equality [desc] => [children] => Array ( ) ) [8] => Array ( [id] => 66 [link] => https://book.coe.int/en/66-european-court-of-human-rights [name] => European Court of Human Rights [desc] => [children] => Array ( ) ) [9] => Array ( [id] => 376 [link] => https://book.coe.int/en/376-commissioner-for-human-rights [name] => Commissioner for Human Rights [desc] => [children] => Array ( ) ) [10] => Array ( [id] => 67 [link] => https://book.coe.int/en/67-european-commission-of-human-rights [name] => European Commission of Human Rights [desc] => [children] => Array ( ) ) ) ) [4] => Array ( [id] => 68 [link] => https://book.coe.int/en/68-law [name] => Law [desc] => [children] => Array ( [0] => Array ( [id] => 69 [link] => https://book.coe.int/en/69-points-of-view-points-of-law [name] => Points of view - Points of Law [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 70 [link] => https://book.coe.int/en/70-europeans-and-their-rights [name] => Europeans and their rights [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 71 [link] => https://book.coe.int/en/71-international-law [name] => International Law [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 72 [link] => https://book.coe.int/en/72-terrorism-and-law [name] => Terrorism and Law [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 73 [link] => https://book.coe.int/en/73-migration-series-migrants-rights [name] => Migration Series / Migrants rights [desc] => [children] => Array ( ) ) [5] => Array ( [id] => 74 [link] => https://book.coe.int/en/74-economy-and-crime-fight-against-corruption [name] => Economy and crime, fight against corruption [desc] => [children] => Array ( ) ) [6] => Array ( [id] => 75 [link] => https://book.coe.int/en/75-constitutional-law [name] => Constitutional Law [desc] => [children] => Array ( ) ) [7] => Array ( [id] => 76 [link] => https://book.coe.int/en/76-penal-law-and-criminology [name] => Penal Law and criminology [desc] => [children] => Array ( ) ) [8] => Array ( [id] => 77 [link] => https://book.coe.int/en/77-legal-instruments [name] => Legal instruments [desc] => [children] => Array ( ) ) [9] => Array ( [id] => 78 [link] => https://book.coe.int/en/78-themis-programme [name] => Themis Programme [desc] => [children] => Array ( ) ) [10] => Array ( [id] => 79 [link] => https://book.coe.int/en/79-computers-and-law [name] => Computers and law [desc] => [children] => Array ( ) ) ) ) [5] => Array ( [id] => 80 [link] => https://book.coe.int/en/80-health [name] => Health [desc] => [children] => Array ( [0] => Array ( [id] => 81 [link] => https://book.coe.int/en/81-health-and-society-ethics [name] => Health and society, Ethics [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 82 [link] => https://book.coe.int/en/82-blood-transfusion-and-organ-transplantation [name] => Blood transfusion and organ transplantation [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 83 [link] => https://book.coe.int/en/83-health-protection-of-the-consumer [name] => Health protection of the consumer [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 84 [link] => https://book.coe.int/en/84-integration-of-people-with-disabilities [name] => Integration of people with disabilities [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 85 [link] => https://book.coe.int/en/85-european-directorate-for-the-quality-of-medicines-and-healthcare-edqm [name] => European Directorate for the Quality of Medicines and HealthCare (EDQM) [desc] => [children] => Array ( ) ) ) ) [6] => Array ( [id] => 86 [link] => https://book.coe.int/en/86-society [name] => Society [desc] => [children] => Array ( [0] => Array ( [id] => 87 [link] => https://book.coe.int/en/87-demography [name] => Demography [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 88 [link] => https://book.coe.int/en/88-trends-in-social-cohesion-series [name] => Trends in Social Cohesion Series [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 89 [link] => https://book.coe.int/en/89-responses-to-violence-in-everyday-life-in-a-democratic-society-series [name] => Responses to violence in everyday life in a democratic society Series [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 90 [link] => https://book.coe.int/en/90-drugs-and-addiction [name] => Drugs and addiction [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 91 [link] => https://book.coe.int/en/91-social-security [name] => Social Security [desc] => [children] => Array ( ) ) [5] => Array ( [id] => 92 [link] => https://book.coe.int/en/92-community-relations [name] => Community relations [desc] => [children] => Array ( ) ) [6] => Array ( [id] => 93 [link] => https://book.coe.int/en/93-social-co-operation-in-europe [name] => Social co-operation in Europe [desc] => [children] => Array ( ) ) [7] => Array ( [id] => 94 [link] => https://book.coe.int/en/94-population-studies-series [name] => Population Studies Series [desc] => [children] => Array ( ) ) ) ) [7] => Array ( [id] => 95 [link] => https://book.coe.int/en/95-environment [name] => Environment [desc] => [children] => Array ( [0] => Array ( [id] => 96 [link] => https://book.coe.int/en/96-nature-and-environment-series [name] => Nature and environment Series [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 97 [link] => https://book.coe.int/en/97-environmental-encounters-series [name] => Environmental Encounters Series [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 98 [link] => https://book.coe.int/en/98-territory-and-landscape-series [name] => Territory and Landscape Series [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 99 [link] => https://book.coe.int/en/99-european-regional-planning-series [name] => European Regional Planning Series [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 100 [link] => https://book.coe.int/en/100-environment-general-publications [name] => Environment / General publications [desc] => [children] => Array ( ) ) ) ) [8] => Array ( [id] => 101 [link] => https://book.coe.int/en/101-local-and-regional-democracy [name] => Local and Regional Democracy [desc] => [children] => Array ( [0] => Array ( [id] => 102 [link] => https://book.coe.int/en/102-co-operation-for-local-and-regional-democracy [name] => Co-operation for Local and Regional Democracy [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 103 [link] => https://book.coe.int/en/103-local-and-regional-authorities-in-europe-series [name] => Local and Regional Authorities in Europe Series [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 104 [link] => https://book.coe.int/en/104-structure-and-operation-of-local-and-regional-democracy-series [name] => Structure and operation of Local and Regional Democracy Series [desc] => [children] => Array ( ) ) ) ) [9] => Array ( [id] => 105 [link] => https://book.coe.int/en/105-education [name] => Education [desc] => [children] => Array ( [0] => Array ( [id] => 406 [link] => https://book.coe.int/en/406-education-policy [name] => Education policy [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 108 [link] => https://book.coe.int/en/108-human-rights-democratic-citizenship-and-interculturalism [name] => Human rights, democratic citizenship and interculturalism [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 112 [link] => https://book.coe.int/en/112-higher-education-and-research [name] => Higher education and research [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 110 [link] => https://book.coe.int/en/110-secondary-education [name] => Secondary education [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 107 [link] => https://book.coe.int/en/107-history-teaching [name] => History teaching [desc] => [children] => Array ( ) ) [5] => Array ( [id] => 106 [link] => https://book.coe.int/en/106-pestalozzi-series [name] => Pestalozzi series [desc] => [children] => Array ( ) ) ) ) [10] => Array ( [id] => 113 [link] => https://book.coe.int/en/113-languages [name] => Languages [desc] => [children] => Array ( [0] => Array ( [id] => 114 [link] => https://book.coe.int/en/114-language-learning-ecml-graz [name] => Language learning (ECML, Graz) [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 115 [link] => https://book.coe.int/en/115-language-policy [name] => Language policy [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 116 [link] => https://book.coe.int/en/116-regional-and-minority-languages [name] => Regional and minority languages [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 117 [link] => https://book.coe.int/en/117-terminology [name] => Terminology [desc] => [children] => Array ( ) ) ) ) [11] => Array ( [id] => 118 [link] => https://book.coe.int/en/118-youth [name] => Youth [desc] => [children] => Array ( [0] => Array ( [id] => 119 [link] => https://book.coe.int/en/119-training-kits-youth [name] => Training Kits / Youth [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 120 [link] => https://book.coe.int/en/120-national-youth-policies [name] => National Youth Policies [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 121 [link] => https://book.coe.int/en/121-youth-other-publications [name] => Youth / Other publications [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 396 [link] => https://book.coe.int/en/396-perspectives-on-youth [name] => Perspectives on youth [desc] => [children] => Array ( ) ) ) ) [12] => Array ( [id] => 122 [link] => https://book.coe.int/en/122-culture [name] => Culture [desc] => [children] => Array ( [0] => Array ( [id] => 123 [link] => https://book.coe.int/en/123-cultural-development [name] => Cultural development [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 124 [link] => https://book.coe.int/en/124-cultural-heritage [name] => Cultural heritage [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 125 [link] => https://book.coe.int/en/125-cultural-policies [name] => Cultural Policies [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 126 [link] => https://book.coe.int/en/126-culture-and-neighbourhoods [name] => Culture and neighbourhoods [desc] => [children] => Array ( ) ) ) ) [13] => Array ( [id] => 127 [link] => https://book.coe.int/en/127-sport [name] => Sport [desc] => [children] => Array ( [0] => Array ( [id] => 128 [link] => https://book.coe.int/en/128-sports-monographs [name] => Sports - Monographs [desc] => [children] => Array ( ) ) ) ) [14] => Array ( [id] => 129 [link] => https://book.coe.int/en/129-communication [name] => Communication [desc] => [children] => Array ( [0] => Array ( [id] => 130 [link] => https://book.coe.int/en/130-mass-media [name] => Mass media [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 131 [link] => https://book.coe.int/en/131-european-audiovisual-observatory [name] => European Audiovisual Observatory [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 132 [link] => https://book.coe.int/en/132-new-information-technologies [name] => New information technologies [desc] => [children] => Array ( ) ) ) ) [15] => Array ( [id] => 133 [link] => https://book.coe.int/en/133-european-issues [name] => European issues [desc] => [children] => Array ( [0] => Array ( [id] => 134 [link] => https://book.coe.int/en/134-activities-annual-report [name] => Activities Annual Report [desc] => [children] => Array ( ) ) [1] => Array ( [id] => 135 [link] => https://book.coe.int/en/135-democracy-debates [name] => Democracy Debates [desc] => [children] => Array ( ) ) [2] => Array ( [id] => 136 [link] => https://book.coe.int/en/136-european-debates [name] => European debates [desc] => [children] => Array ( ) ) [3] => Array ( [id] => 137 [link] => https://book.coe.int/en/137-books-on-europe [name] => Books on Europe [desc] => [children] => Array ( ) ) [4] => Array ( [id] => 138 [link] => https://book.coe.int/en/138-other-fields [name] => Other fields [desc] => [children] => Array ( ) ) [5] => Array ( [id] => 373 [link] => https://book.coe.int/en/373-catalogues-of-publications [name] => Catalogues of publications [desc] => [children] => Array ( ) ) ) ) ) ) ) ) 1

Catalog

Newsletter

E-pub - Counter-terrorism and human rights in the case law of the European Court of Human Rights (2013)

European Court of Human Rights
978-92-871-7783-4
Type of document :
Book
Format :
Epub
Language :
English
Size :
2 MB
Number of pages :
461
Ana Salinas de Frias
27.00 € / 54.00 $US

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Foreword
Part I – Preliminary study on counter-terrorism and human rights in the case law of the European Court of Human Rights
Introduction
1. Terrorism and the right to life
1.1. Nature, main features and substantive content of the right to life
1.2. The procedural limb of Article 2
2. The prohibition of torture
2.1. Absolute nature of the prohibition
2.2. Difference between torture and inhuman or degrading treatment
2.3. Substantive limb of Article 3
2.4. Procedural limb of Article 3
2.5. New forms of violation of Article 3
3. The right to liberty and security
3.1. Possible reasons for detention in relation to the fight against terrorism
3.1.1. Imprisonment following conviction by a competent court
3.1.2. Detention of reasonable suspicion of a terrorist act
3.1.3. Detention for unlawful entry, deportation or extradition
3.2. Conditions of detention in terrorism cases
3.2.1. Reasons for detention
3.2.2. Delays in bringing terrorism suspects to court
3.2.3. Detention must be properly authorised
3.2.4. Justifying pre-trial detention
3.2.5. Habeas corpus
3.2.6. Legal representation
3.3. Asylum, refoulement, expulsion and deportation in terrorism cases
3.3. Detention of alien suspected terrorists
3.3.2. Guarantees offered by the receiving state concerning potential treatment contrary to Article 3 ECHR
3.4. Terrorism and detention with a view to extradition
4. The right to a fair trial
4.1. The right to a hearing within a reasonable time by a tribunal
4.2. The right to a hearing by an independent and impartial tribunal established by law
4.3. Presumption of innocence
4.4. The right to remain silent and not to incriminate oneself
4.5. The right to have adequate time and facilities to prepare one’s defence and the right to defend oneself personally or through legal assistance
4.6. The right to a fair and public hearing
4.7. The relation between Articles 6 and 13 of the European Convention on Human Rights: the right to an effective remedy
5. Nullum crimen, nulla peona sine lege
5.1. The terrorist offence and its punishment should be defined in the law in clear terms
5.2. Non-retroactivity of the criminal law
6. The right to private and family life
6.1. Limitation of rights enshrined in Article 8
6.1.1. Possibility of access to a detained person
6.1.2. Privacy of correspondence between a detainee and his/her lawyer in terrorism-related cases
6.1.3. Secret surveillance
6.1.4. Personal integrity
6.1.5. Home searches
6.1.6. Interference with the right to family life from immigration decisions, expulsion or refoulement of an individual suspected of terrorist activities
6.2. Deprivation of rights enshrined in Article 8 of the Convention
7. Freedom of expression
7.1. Hate speech
7.2. Relevance of freedom of expression for politicians
7.3. Freedom of the press
8. Freedom of assembly and association, and the right to stand for election
8.1. Freedom of association
8.2. The right to stand for election
9. Concluding remarks

Bibliography

Part II – A selection of terrorism-related cases heard by the European Court of Human Rights

Selected cases

Appendix 1 – Index of cited cases in alphabetical order
Decisions
Appendix 2 – Index of cited cases in chronological order
Appendix 3 – Index of summarised cases in alphabetical order