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Jan Sikuta

are subject to change. Printed in the Netherlands (on acid-free paper). © Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/138836407X261317 European Journal of Migration and Law 10 (2008) 1–10 www.brill.nl/emil Th reats of Terrorism and the European Court of Human Rights Jan Sikuta * Judge of the

Laurence A. Groen

This note analyzes the functioning of the Russian judiciary on the basis of the European Court of Human Rights’ judgments in the cases of OAO Neftianaia Kompaniia Iukos and three of the company’s former leading executives, Mikhail Borisovich Khodorkovskii, Platon Leonidovich Lebedev and the late Vasilii Aleksanian. The analysis turns to the breaches by the Russian state of Articles 5 (right to liberty and security), 6 (right to a fair trial) and 18 (permissible restrictions to the rights guaranteed) of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, as established by the Court in the aforementioned cases, and the role of the Russian judiciary therein. In light of the fundamental flaws and structural nature characterizing the violations found, the conclusion is reached that the Russian judiciary (still) appears not to be entirely free from undue influence by the other branches of government.

Stephanie E. Berry

1 Introduction In the Kokkinakis decision, the European Court of Human Rights (ECtHR) accepted that in the context of Article 9 European Convention on Human Rights ( echr ), 1 ‘a certain margin of appreciation is to be left to the Contracting States in assessing the existence and extent

Ole Solvang

Chechnya and the European Court of Human Rights: The merits of Strategic Litigation Ole Solvang 1 In May 1998, eighteen months before the start of the second war in Chechnya, Russia ratified the European Convention on Human Rights (hereafter the Convention), thereby granting the European Court

Costas Paraskeva

© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/090273507X225747 Nordic Journal of International Law 76 (2007) 185–216 NORDIC JOURNAL OF INTERNATIONAL LAW www.brill.nl/nord Reforming the European Court of Human Rights: An Ongoing Challenge Costas Paraskeva* Abstract. The European Court of

Doris Farget

problem also arises in law, since members of that community have used the language of human rights to vindicate their identity claims. That is why, as a lawyer, I want to assess to what extent the European Court of Human Rights’ case law reflects this group’s diversity. I wish also to ascertain the

Series:

Edited by Peter Kempees

This volume supplements the first two volumes of A Systematic Guide to the Case-Law of the European Court of Human Rights which appeared in late 1996. It covers the years 1995 and 1996, and follows the same system as the previous volumes. Thus this volume, together with Volumes I and II, offers a compilation of relevant passages of all the Court's judgments from 1960 up to and including 1996, arranged according to the Articles of the Convention and its Protocols. The Guide will enable its users to find all the rulings of the Court which may be relevant to a given problem, and will reduce considerably the time and effort needed for research. It will continue to be updated at regular intervals.

The European Court of Human Rights and Access to Information

Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung v Austria (2013)

Florian Lehne and Paul Weismann

– over the past couple of years. This trend was galvanised in 2006 by the Inter-American Court’s decision Claude Reyes v Chile . 5 The European Court of Human Rights (ECtHR) has hesitantly taken up this development, though it has long been reluctant to recognise that the ‘right to receive information

Series:

Edited by Leto Cariolou, Anatoly Kovler, Françoise Tulkens and Dean Spielmann

This collection contains the most important separate opinions of Judge Loukis Loucaides, member of the European Court of Human Rights from 1998 until 2008. It collates a decade of disagreement with the Court's judgments by a judge with strong moral convictions about the interpretation of the Convention. His opinions were largely inspired by the legal principles he was dedicated to serving. Separate opinions offer valuable insight into different trends and schools of thought that inevitably influence the development of the Court’s case-law. Always eager, as he liked to say, “to call a spade a spade”. Judge Loucaides' opinions reflect his unfettered commitment to human rights and make for interesting reading.

Jamil Ddamulira Mujuzi

between Ireland and the United Kingdom in particular and other countries in general. In order to put the discussion in context, the author first deals with the jurisprudence of the European Court of Human Rights on the transfer of offenders. 2 Jurisprudence Emanating from the European Court of Human