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Annual Report 2016 of the European Court of Human Rights, Council of Europe”

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Annual Report 2016 of the European Court of Human Rights, Council of Europe” ANNUAL REPORT European Court of Human Rights 2016 PROVISIONAL VERSION ANNUAL REPORT European Court of Human Rights 2016 PROVISIONAL VERSION English edition © Council of Europe – European Court of Human Rights, 2017 ISBN 978-92-871-9862-4 Anyone wishing to reproduce and/or translate all or part of this report in print, online or in any other format should contact [email protected] for further instructions When citing this report, please acknowledge the source “Annual Report 2016 of the European Court of Human Rights, Council of Europe” This report is available to download at www.echr.coe.int (The Court/Annual Reports) For publication updates please follow the Court’s Twitter account at twitter.com/echrpublication © Photos: Council of Europe Layout and cover design: Publications Unit, ECHR Table of Contents FOREWORD 7 THE COURT IN 2016 11 SPEECHES 19 Guido Raimondi 19 Andrzej Rzepliński 26 OVERVIEW OF THE COURT’S CASE-LAW 35 Jurisdiction and admissibility 39 “Core” rights 42 Procedural rights 70 Other rights and freedoms 101 Other Convention provisions 164 BRINGING THE CONVENTION HOME 171 Dissemination of the Court’s case-law 172 Training of legal professionals 177 General outreach 178 Appendix 180 JUDICIAL ACTIVITIES 183 Grand Chamber 183 Sections 184 Single-judge formation 184 Composition of the Court 185 Composition of the Sections 187 The Plenary Court 190 STATISTICS 193 Events (2015-16) 193 Pending cases at 31 December 2016 (by respondent States) 194 Pending cases at 31 December 2016 (main respondent States) 195 Court’s workload by state of proceedings and application type at 31 December 2016 196 Violations by subject matter (2016) 197 Applications allocated to a judicial formation (2001-16) 198 Judgments (2001-16) 199 Allocated applications by State and by population (2013-16) 200 Violations by Article and by respondent State (2016) 202 Violations by Article and by respondent State (1959-2016) 204 THE YEAR IN PICTURES 207 Annual Report 2016 Foreword Page 7 Foreword The Court continued its efforts to reduce the backlog of cases, but the real challenge remains the Chamber cases. n 2016 the Court continued its efforts to reduce the backlog of cases. While the single-judge cases have been virtually eliminated, I and this is a welcome development, the real challenge facing the Court continues to be the Chamber cases, which currently total almost 28,500, including 6,000 priority cases. At the end of 2016 the number of cases pending before the Court was in the region of 80,000. This is a far cry from the 160,000 cases that were pending in 2011, but there is no doubt that we must continue our efforts and that the situation remains very fragile. It should be pointed out that the number of applications allocated increased by more than 30% in 2016. This was the result of the situation in various countries, relating in particular to systemic problems with regard to conditions of detention. Although these cases concern only a limited number of countries, they are naturally regarded as a priority since they come under Article 3 of the Convention. We are all aware that there is no magic formula for dealing with these situations, either in the countries concerned, for whom this entails a significant financial outlay, or in Strasbourg. Furthermore, the crises occurring in Europe inevitably have an impact on the number of cases brought before the Court. For instance, as 2016 draws to a close we are seeing a very large number of applications from Turkey. Whatever the eventual outcome of these applications, the Court will have to process and adjudicate them, which will add to its workload in the months ahead. 2015 saw the launch of a network for the exchange of information on the case-law of the European Convention on Human Rights (the Superior Courts Network, or SCN). This vital initiative, aimed at promoting the mutual exchange of information between our Court and the highest national courts, started with a test period involving the French courts. The results were conclusive, and twenty-three Superior Courts from seventeen States have now joined the Network. This success is a source of satisfaction. Annual Report 2016 Foreword Page 8 Indeed, “network” appears to have been one of the keywords for 2016. The number of networks is growing and they play a very useful role. For instance, we received a visit from the Network of the Presidents of the Supreme Judicial Courts of the European Union, with whom we maintain a regular dialogue. In November the Court played host to the highest German-speaking courts. We are delighted that the highest- ranking courts in Germany, Austria, Switzerland and Liechtenstein chose to hold their two-yearly meeting at the Strasbourg Court. We were also joined by the President of the Court of Justice of the European Union and the German-speaking judges of the Luxembourg Court. In that connection, 2016 saw the resumption of regular meetings between the two European courts. The last meeting prior to that had been in November 2013, and the resumption of this tradition of dialogue is to be welcomed. In addition, a delegation from our Court travelled to Geneva on 1 July 2016 for a working meeting with the United Nations Human Rights Committee. These, too, are useful and important contacts between the respective jurisdictions of the Council of Europe and the UN system. In the sphere of communication, we have continued our efforts with the publication of five new Factsheets on the Court’s case-law. These cover important issues such as the right not to be tried or punished twice, gender equality, austerity measures, mass surveillance and sur veillance in the workplace. Sixty Factsheets are now available which provide readers with a rapid overview of the case-law. They are updated regularly. The Court produced four new case-law guides and in cooperation with the European Union Agency for Fundamental Rights launched a fifth European law Handbook, relating to access to justice. It also produced a new film for the general public which explains the workings of the Court and the issues it faces. In conjunction with the HELP programme, it made available training videos providing an overview of the Court’s case-law in matters relating to asylum and terrorism. Last but not least, the Court came to the end of its four-year project to translate key case-law into select languages. Some 3,500 translations were produced with the financial support of the Human Rights Trust Fund. When added to the 16,500 translations obtained from States and other sources, some 20,000 texts in over thirty languages other than English and French are now available in the HUDOC database. I could not conclude this foreword without mentioning that in 2016 the European Court of Human Rights was awarded the Treaties of Nijmegen Medal. This award is conferred every two years on an Annual Report 2016 Foreword Page 9 international personality or body in recognition of their contribution to the development of Europe. It recalls the fact that the Nijmegen Peace Treaties, which put an end to several wars on European soil, were among the first examples of pan-European cooperation. I was proud to travel to Nijmegen to accept, on behalf of the European Court of Human Rights, this prestigious prize which testifies to the fact that the Court’s work, often carried out away from the limelight, is recognised and acclaimed. In these difficult times for Europe and the world, an award such as this spurs us on in our mission to serve the cause of human rights on our continent. Guido Raimondi President of the European Court of Human Rights Annual Report 2016 The Court in 2016 Page 11 Chapter 1 The Court in 2016 Judicial dialogue with the national courts remained a high priority in 2016. he year 2016 was marked by major political events in Europe, notably the decision of the electorate of the United Kingdom to T leave the European Union. Historic though that development undoubtedly was, it did not directly affect the Convention system. Other events that marked the year did have direct repercussions for the Convention, though. In response to the attempted coup d’état in July, Turkey declared a state of emergency and gave notice of a derogation under Article 15. The state of emergency in France was extended, and its derogation under the Convention maintained, following the deadly terrorist attack in Nice on 14 July. The other derogation in place, by Ukraine, was also extended, the Government citing rising tensions in the eastern part of the country as the reason for this. The critical situation as regards mass migration persisted. From the human rights perspective, there were deep concerns over the situation and treatment of this vulnerable group. This was particularly so in relation to children and young people, whose vulnerability in such circumstances is necessarily all the greater. This was one of the themes included in a round table for judges that took place at the Court in November 2016, organised jointly with the Court of Justice of the European Union and the International Association of Refugee Law Judges. The principle of the best interests of the child was discussed by the expert audience, in the light of the relevant case-law of both European courts. Interaction with other courts, national and international, was a prominent theme in 2016. Regarding national courts, judicial dialogue remained a high priority in 2016. There were working visits to Strasbourg by senior judges from many European States, to hold discussions and to exchange views with members of the Court.
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