İNSAN HAKLARI - Deneme Sınavı - 8

The first actor created for the better execution of the rules available in the African Charter is the so-called Banjul Commission. The Commission consists of 11 members. These members are elected by the African Union Assembly. The correct answer is D.

The Court was originally established in Addis Ababa, Ethiopia in November 2006, but then moved to Arusha. The correct answer is C.

The Organization of American States (OAS) was established by the Charter of OAS signed in Bogota, Colombia in 30 April 1948. The correct answer is E.

It is the “American Declaration of the Rights and Duties of Man”, signed on May 2, 1948, i.e. only two days after the signing of the Charter. The correct answer is E.

In November 1969, this Convention was adopted in San José, Costa Rica, where, the InterAmerican Specialized Conference on Human Rights was held, in which the representatives of the member States of the OAS adopted it. The correct answer is A.

Torture is also prohibited by the Convention. Every person has the right to have his physical, mental, and moral integrity respected. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. The correct answer is B.

The Court consists of seven members (judges) each elected by secret ballot for a duration of six years and may be reelected only once. The correct answer is D.

For not only all members of the EU are subject to the competence of the European Court of Human Rights (ECrtHR), all candidate States are also required to do so. Therefore, it would not be wrong to conclude that it is the CoE that lies at the heart of the human rights protection system in the continent.

The CoE has a much-praised mechanism that obliges States to secure fundamental rights of not only their own citizens but also of everyone within their jurisdiction. All of its members are parties the ECHR and most of its Protocols, which are put into force to protect human rights, democracy and the rule of law. The mechanism is maintained by the ECrtHR, which has delivered more than 10.000 judgments since it was first established in 1959.

The CoE, which introduces itself as “the continent’s leading human rights organisation” was founded on 5 May 1949 by the Treaty of London that officially “constitute the Statute of the Council of Europe.

Based in Strasbourg, it is one of the leading intergovernmental bodies founded in Europe in the wake of the World War II. The preamble of its statute announces that the Parties are “convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation”.

The Statute of the CoE is signed on 5 May 1949 by ten States, namely Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom. Iceland, Greece, West Germany and Turkey joined the original signatories within a year and therefore regarded by some as founding members. The Council has 47 members as of 2019. Canada, Vatican, Japan, Mexico and the US are Observer States, whereas Israel is Observer to the Parliamentary Assembly.

The Statute of the CoE is signed on 5 May 1949 by ten States, namely Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom. Iceland, Greece, West Germany and Turkey joined the original signatories within a year and therefore regarded by some as founding members. The Council has 47 members as of 2019. Canada, Vatican, Japan, Mexico and the US are Observer States, whereas Israel is Observer to the Parliamentary Assembly.

The main decision and policy making body of the Council is the Committee of Ministers. It officially comprises the ministers of foreign affairs of the member States who are ordinarily represented by their accredited permanent diplomatic representatives based in Strasbourg.

The main decision and policy making body of the Council is the Committee of Ministers. It officially comprises the ministers of foreign affairs of the member States who are ordinarily represented by their accredited permanent diplomatic representatives based in Strasbourg. Presided by each member for a period of six months on a rotating basis in alphabetical order, the Committee meets weekly, whereas meetings at ministerial level are convened once a year.

Some of the basic rights protected by the ECHR and its Protocols are: - the right to life;

- the right to a fair trial;
- the right to respect for private and family life;
- freedom of thought, conscience and religion;
- freedom of expression;
- the right to freedom of assembly and association;
- the right to an effective remedy;
- the right to the peaceful enjoyment of possessions; and - the right to vote and to stand for election.

Admissibility Conditions

The Court examines only cases where - the right to life;

-one or more of the rights set out in the Convention and its Protocols are alleged to be violated;

-  the complaints are based on solid evidence;

-  the complaints are directed against a State that ratified the Convention or the Protocol in question;

-  the responsibility of a public authority (legislature, administrative body, court of law and so on) is at

stake, not that of private individuals or private organisations;

-  acts or events subject to the complaint occurred after the date of ratification by the concerned State of

the Convention or the Protocol in question;

-  the applicant is personally and directly affected by the breach of a fundamental right;

-  domestic remedies are exhausted;

-  the complete application is lodged with the Court within six months from the final domestic decision.

-  the complaints in question have not already been examined by the ECrtHR or another international

body

Article 9 (Freedom from Ex Post Facto Laws) cannot be suspended or deviated from even in the wake of “war, public danger, or other emergency that threatens the independence or security of a State Party”. Thus, the answer is A.

Some of the basic rights protected by the ECHR and its Protocols are: - the right to life; - the right to a fair trial; - the right to respect for private and family life; - freedom of thought, conscience and religion; - freedom of expression; - the right to freedom of assembly and association; - the right to an effective remedy; - the right to the peaceful enjoyment of possessions; and - the right to vote and to stand for election. The ECHR and its Protocols prohibits the following: - the right to vote and to stand for election. - death penalty; - torture and inhuman or degrading treatment or punishment; - slavery and forced labour.

The ECHR and its Protocols prohibits the following: - the right to vote and to stand for election. - death penalty; - torture and inhuman or degrading treatment or punishment; - slavery and forced labour;