Machalikashvili and Others V. Georgia: The Critical Importance of the Burden and Standard of Proof to Human Rights Adjudication

By Prof. Christopher Roberts [This post first appeared on Strasbourg Observers] Machalikashvili and Others v. Georgia concerned the killing of T.M. by members of the Counter-Terrorism Department of the State Security Service (‘SSS’) of Georgia on 26 December 2017. The precise circumstances in which this killing took place, as well as the integrity and comprehensiveness of the investigationContinue reading “Machalikashvili and Others V. Georgia: The Critical Importance of the Burden and Standard of Proof to Human Rights Adjudication”

Pavlov v. Russia: Welcoming the Court’s proactive shift in its handling of environmental complaints, including their evidentiary challenges*

By Nele Schuldt [This post first appeared on Strasbourg Observers] IntroductionOn October 11th 2022, the third section of the Strasbourg Court delivered an important judgment in the case of Pavlov and Others v Russia (Application no. 31612/09), concerning air pollution, which will hopefully prove to have great ramifications for pending and future environmental and climate cases. In short, the majorityContinue reading “Pavlov v. Russia: Welcoming the Court’s proactive shift in its handling of environmental complaints, including their evidentiary challenges*”

P.H. v Slovakia: When the concept of discrimination goes out the window at the Strasbourg Court*

By Emma Várnagy [This post first appeared on Strasbourg Observers] The case of P.H. v Slovakia (Application no 37574/19) is at least the eleventh case before the Strasbourg Court in which it is confronted with the mysterious fall of a person from a police station window. It is the seventh case where questions of discriminationContinue reading “P.H. v Slovakia: When the concept of discrimination goes out the window at the Strasbourg Court*”

Why the European Court of Human Rights Would Do Well to Start Using Stereotypes as Evidence – A Critique of the Strasbourg Approach to Anti-Roma Police Violence Cases

By Emma Várnagy This post is based on a paper which I am thankful to have had the opportunity to present at the ‘Critical Approaches to Romani Studies Conference’ on 18 May 2022 organized by Södertörn University and Central European University. I am also grateful to my doctoral supervisor, Marie-Bénédicte Dembour, for generously commenting onContinue reading “Why the European Court of Human Rights Would Do Well to Start Using Stereotypes as Evidence – A Critique of the Strasbourg Approach to Anti-Roma Police Violence Cases”

Russia and the Strasbourg Court: evidentiary challenges arising from Russia’s expulsion from the Council of Europe

By Anne-Katrin Speck* Introduction It has been two months since Europe woke up to the horrific news that Russia had launched a brutal invasion of neighbouring Ukraine—two months during which Ukraine has seen immeasurable suffering and destruction, and two months which have dramatically changed Europe’s human rights landscape. It is no exaggeration to state thatContinue reading “Russia and the Strasbourg Court: evidentiary challenges arising from Russia’s expulsion from the Council of Europe”