İNSAN HAKLARI

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 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”

Organs As all international organisations, the CoE has its own authorities and organs. The principal ones that play a role in the human rights protection mechanism are the Secretary-General, the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, the Venice Commission and, above all, the European Court of Human Rights-ECrtHR.

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.

The case must be compatible with the requirements of ratione materiae, ratione temporis, ratione personae or ratione loci. That is to say, the subject matter of the application should be about a right protected under the Convention and its Protocols (ratione materiae), the alleged violation must have occurred after the date of entry into force of the Convention for the respondent State (ratione temporis), and the alleged violation must have been committed by the respondent State or must be attributable to it (ratione personae).

The case must be compatible with the requirements of ratione materiae, ratione temporis, ratione personae or ratione loci. That is to say, the subject matter of the application should be about a right protected under the Convention and its Protocols (ratione materiae), the alleged violation must have occurred after the date of entry into force of the Convention for the respondent State (ratione temporis), and the alleged violation must have been committed by the respondent State or must be attributable to it (ratione personae)

The subject matter of the application should be about a right protected under the Convention and its Protocols (ratione materiae), the alleged violation must have occurred after the date of entry into force of the Convention for the respondent State (ratione temporis), and the alleged violation must have been committed by the respondent State or must be attributable to it (ratione personae).

The subject matter of the application should be about a right protected under the Convention and its Protocols (ratione materiae), the alleged violation must have occurred after the date of entry into force of the Convention for the respondent State (ratione temporis), and the alleged violation must have been committed by the respondent State or must be attributable to it (ratione personae)

The Court is made up of full-time professional judges resident in Strasbourg. They are elected for a non-renewable term of nine years by the PACE with respect to each member “by majority of votes cast from a list of three candidates nominated by” it (Articles 22 and 23, ECHR). Member states do not necessarily nominate their citizens

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

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 Council of Europe 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 Secretary-General, who is elected for a term of five years by the Parliamentary Assembly, leads and represents the Council.

The Parliamentary Assembly (PACE), which is generally seen as the “public face” and even the “motor” of the Council. The Assembly consists of 324 members of parliament from the 47 member States representing some 800 million people. Unlike the Parliament of the EU, these members are not directly elected by the peoples of the members but arerather delegations assigned from among the national parliamentarians of member States.

The European Court of Human Rights (ECrtHR) is undoubtedly the main organ of the CoE in terms of human rights protection.

There are also three-judge formations. Their previous role to give the admissibility decision is cut down with Protocol 14 which has entered into force in 2010. For Protocol 14 has introduced a new body, namely single-judge formations (Article 6, Protocol 14), that primarily give the admissibility decisions.

Although the official languages of the Court are English and French, applications may be submitted in any one of the official languages of the States Parties. However, the proceedings are conducted, and the decisions and judgements are published, in English and/or French.

A State found guilty of a violation of human rights is generally under an obligation to take two kinds of remedial measures. Whereas “individual measures” require repairing the wrong by compensating the victim, “general measures” are intended to improve the legal situation at the domestic level so that similar violations are not repeated in the future and further violations are prevented (Kicker, 2010, 50).

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  foundingmembers. 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.