The Phenomena of Enforced Disappearances in Turkey and Chechnya: Strasbourg’s Noble Cause?
Tóm tắt
The paper critically reviews the challenges facing the European Court of Human Rights when hearing claims being brought under Article 2 of the European Convention on Human Rights in relation to the phenomena of enforced disappearances as a result of the internal armed conflicts of Turkey and Chechnya. The paper traces the phenomenal and, oftentimes, controversial evolution of the associated jurisprudence and provides evidence of judicial disparities and inconsistencies that are not easily rationalised. Such inconsistencies suggest that whilst Strasbourg’s intention may be to ensure accountability in the face of adversity and human atrocities, its noble cause may be based on judicially unsubstantial foundations.
Tài liệu tham khảo
Abdel-Monem T (2004) The European Court of Human Rights: Chechnya’s Last Chance? Vermont Law Review, 28, 239-254.
Barrett J (2009) Chechnya’s Last Hope? Enforced Disappearances and the European Court of Human Rights, Harvard Human Rights Law Review, 22(1), 137
Buckley C (2001) The European Convention on Human Rights and the Right to Life in Turkey, Human Rights Law Review, Volume 1, Number 1, 55.
Claude O (2008) A Comparative Approach to Enforced Disappearances in the Inter-American Court of Human Rights and the European Court of Human Rights Jurisprudence, www.bepress.com/context/ophelia.claude/article/1001/type/native/viewcontent/. Accessed 2 July 2009.
Doherty F and Mageean P (2006) Investigating Lethal Force Deaths in Northern Ireland, the Application of Article 2 of the European Convention on Human Rights, Northern Ireland Human Rights Commission, February 12-13.
Council of Europe (2007a) Member States Duty to Co-operate with the European Court of Human Rights Parliamentary Assembly, Council of Europe, Doc.11183, 9 February, 1987. http://assembly.coe.int/documents/workingdocs/doc07/edoc11183.htm. Accessed 7 July 2009.
Council of Europe (2007b) Member States’ Duty to Co-Operate with European Court of Human Rights, Addendum to the Report, Parliamentary Assembly, Council of Europe, Doc.11183 Addendum, 1 October, 25-26, http://assembly.coe.int/Documents/WorkingDocs/Doc07/edoc11183add.htm accessed 2 July 2009.
Mowbray A (2001) Cases and Materials on the European Convention on Human Rights, London: Butterworths, 54
Stephen C (2005) Human Rights and the War in Chechnya: A Test for Europe, Crimes of War Project, December, http://www.crimesofwar.org/onnews/news-chechnya2.html. Accessed 9 June 2009, posted 2 December 2005.