Law and International Society

SOAS-University of London

ICC

Law and International Society

Term 3 Assignment

‘Amir lived in a small village in a Council of Europe member state. One night soldiers surrounded Amir’s house and took him away with them. The last Amir’s father saw of his son was that night five and half years ago. Following Amir’s “disappearance”, his father went to the local police station on various occasions to enquire about his son, but Amir’s arrest was never acknowledged by the police. Amir’s father feared that his son might have died in unacknowledged custody at the hands of his captors. Whilst there was clear eyewitness evidence that Amir was taken by the authorities, his father could not prove that the young Amir was killed by the authorities.

Discuss whether there was a breach of right to life under the European Convention on Human Rights. Discuss also if the right to liberty and security of a person was violated in the above case. Illustrate your answer with the pertinent case law.’

Submitted by

Ceki Hazan ICC No. 32

Table of Contents

Introduction…………………………………………………………… 3

1.The Council Of Europe and the ECtHR…………………………... 4-5

2. Right to Life, Right to Liberty and Security of Person under

the European Convention on Human Rights……………………….. 5-6

3. What should Amir’s father do?

3.1 Admissibility of Amir’s case …………………………………... 6

Introduction

“We could not have peace, or an atmosphere in which peace could grow, unless we

recognised the rights of individual human beings... their importance, their dignity...

and agreed that was the basic thing that had to be accepted throughout the world.”

As Eleanor Roosevelt mentioned in one of her speeches, human rights are vital for

a long term global peace. None of the purposes of the United Nations and neither

other areas of international law itself can be seen important unless there are human

rights promoted to all individuals. There is no meaning of having a wealthy state, a

good job if there is no right to life.

Although since the late 40s there has been much progressive development in the area

of human rights globally, there are still a lot of abuses done by states. Unfortunately,

enforced disappearance is one of them. 1992 UN Declaration on the Protection of all

Persons from Enforced Disappearances and the draft resolution of the Council of

Europe’s Parliamentary Assembly in 2005 were once again emphasised the importance

of the state responsibility on the enforced disappearances.

In this case study, it will be argued that Amir’s father, whose son was taken away

five and a half years ago, has the right to go to the European Court of Human Rights

and ask for not only an effective investigation for his son but also compensation from

the state which he is a resident of. It will also be discussed whether there was a breach

to right to life and right to liberty and security of a person under the European

Convention on Human Rights. In the first part basic information on the Council of

Europe, and The European Court of Human Rights will be given. After that part, it will

be focused on the articles of the European Convention on Human Rights that are related

to the case. In the last part, the possible solutions of the case will be explained in detail

by comparing with the previous judgments of the Court.

1. The Council of Europe and The European Court of Human Rights

Amir who was taken away by soldiers five

...