In the case of E.H. v. France, the Court has found no violation of the Convention. The applicant submitted that his return to Morocco had exposed him to a risk of treatment contrary to Article 3 on account of his Sahrawi origins and his activism in support of the Sahrawi cause.

This is the first case of this type that the Court has examined, and it noted that international reports concerning Morocco indicated that Moroccan nationals who were activists for Western Saharan independence and the Sahrawi cause constituted a group at particular risk.

However, the evidence in the file did not provide substantial grounds for believing that the applicant’s return to Morocco had placed him at real risk of treatment contrary to Article 3 of the Convention.

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The Court has found a violation of the right to a fair hearing in the case of Reczkowicz v. Poland. The case concerned complaints lodged by the applicant, a barrister who had been suspended following several incidents when she was representing a client; she alleged before the ECHR that the Disciplinary Chamber of the Polish Supreme Court which had decided on a case concerning her had not been a “tribunal established by law” and had lacked impartiality and independence. The Court found that the procedure for appointing judges to the Disciplinary Chamber had been unduly influenced by the legislative and executive powers. This fundamental irregularity compromised the legitimacy of the Supreme Court’s Disciplinary Chamber.

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The Court has found several violations of the Convention in the case of M.D. and A.D. v. France. The case concerned the administrative detention of a Malian national and her four-month-old daughter pending their transfer to Italy, the country responsible for examining their application for asylum.

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In the case of Gumenyuk and Others v. Ukraine the Court held that there had been a violation of the right of access to court and the right to respect for private life. The case concerned judges of the former Supreme Court of Ukraine who were prevented from exercising their functions, without having ever been formally dismissed, because of judicial reform and legislative amendments that took place in 2016. In particular, the Court found unlawful interference within the meaning of the Convention, against the principle of irremovability of judges which is fundamental for judicial independence and public trust in the judiciary.
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Country profiles containing data and information, broken down by individual State, on significant cases considered by the Court or currently pending before it, were updated on 30 July 2020.

There is one country profile for each Council of Europe member State.

Country profiles

Facts and figures by State

19/07/2021

The Court has given notice  to the Government of Poland of the application Tuleya v. Poland (no. 2) and requested that they submit their observations. At the same time, the ECHR decided to grant the case priority under Rule 41 of the Rules of the Court.

The case concerns the suspension and lifting of immunity of the applicant, a judge at the Warsaw Regional Court, and the ensuing proceedings. The applicant relies on several Articles of the Convention and alleges, among other points, that the lifting of his immunity is linked to his statements criticising the Government’s reform of the judicial system.

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