Judicial activities


Human Rights building
23/09/26

Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case.

Judges' hammer
23/09/26

The ECHR has decided to reject the request for interim measures lodged by 25 French nationals detained in Iraq.

The applicants, all adults, left France to join the ranks of the so-called “Islamic State”. They were subsequently detained in various detention centres in north-eastern Syria before being transferred, between 2025 and 2026, to a prison in Baghdad, Iraq, where they are currently being held for trial. They are being prosecuted for offences falling within the jurisdiction of the Iraqi courts.

On 17 September 2026 they lodged a request for interim measures with the Court under Rule 39 of the Rules of Court. They primarily sought their repatriation or the execution of warrants for their arrest or search issued by the French judicial authorities. In the alternative, they asked that the French Government take the requisite steps to ensure that they are not sentenced to death and that they receive a fair trial, in particular by requesting the necessary guarantees from the Iraqi authorities.

Judges' hammer
21/09/26

Referral to the Grand Chamber

The Court has accepted the referral to the Grand Chamber of the case Miladze v. Georgia.

The case concerns the applicant’s administrative conviction for a video he had posted on TikTok criticising the new transport policies in Tbilisi and alleging misconduct by public officials. The video had gone viral.

The Court has also decided to reject a request to refer eleven other cases.

Roof of the Human Rights building in sunset
17/09/26

Seriously deficient investigation into conscript’s death while on duty

 

In the case of Margaryan v. Armenia the Court held that there had been violations of the right to life/investigation and of the right to an effective remedy.

The case concerned the death of a conscript while on duty. He had been found in a trench near to his sentry post, with a gunshot injury to his chest.

The ECHR found that the investigation had not provided a plausible explanation for the conscript’s death. The authorities’ conclusion that he had taken his own life had mainly been based on a posthumous psychiatric report referring to witness statements about his “strange behaviour”, despite that being in contradiction with his military superiors’ assessments of him while he had been alive. The authorities had therefore closed the investigation on the basis of what could be described as hastily reached conclusions, without having seriously examined any other possible scenario.

The Court also found that the conscript’s father, the applicant in this case, had had no legal avenue in Armenia to establish State liability for the death of his son, nor claim compensation.

The Court held that Armenia was to pay the applicant 50,000 euros in respect of nonpecuniary damage.

Roof of the Human Rights building
17/09/26

Failure to protect vulnerable man with schizophrenia from unnecessary use of force or to effectively investigate his complaints

 

In the case of Strashunskyy v. Ukraine the ECHR held that there had been two violations of the prohibition of inhuman or degrading treatment/investigation.

The case concerned a complaint by the applicant, a vulnerable individual diagnosed with schizophrenia, about injuries he had sustained when being transferred from a Staterun boarding house to a psychiatric hospital.

The Court found that the investigation into the applicant’s complaint had not been effective. In particular, an expert medical assessment to determine how his injuries had been sustained had not been obtained. Nor had the authorities clarified whether the staff members responsible for his transfer had been trained to deal with vulnerable individuals.

The Court also found that the authorities had failed to demonstrate that the force used against the applicant had been strictly necessary or that he had been sufficiently protected by those responsible for looking after him. He had sustained multiple injuries in circumstances which had not been shown to have either been unavoidable or managed in a manner consistent with the State’s obligation to protect his physical integrity and dignity.

The Court held that Ukraine was to pay the applicant 7,000 euros in respect of nonpecuniary damage and EUR 5,000 in respect of costs and expenses.

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Press releases on other judgments and decisions

22/09/26

22 September: 5 Judgments

 

 

 

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