Week 15

Question 1

Gäfgen v. Germany

Answer 1

It is not necessary for the Convention right to be explicitly raised in domestic
proceedings provided that the complaint is raised “at least in substance”

Question 2

Sejdovic v. Italy

Answer 2

Existence of remedies must be sufficiently certain in theory and practice.

Question 3

Aksoy v. Turkey

Answer 3

Repetition of acts incompatible with the Convention has been shown to exist, making proceedings futile or ineffective

Question 4

Sultygov and others v. Russia

Answer 4

Cases of enforced disappearance need not
exhaust civil remedies

Question 5

Time limit for ECtHR

Answer 5

4 months

Question 6

Time limit for IACommHR

Answer 6

6 months

Question 7

Time limit for HRC

Answer 7

5 years

Question 8

IACtHR in Velasquez-Rodriguez v Honduras (1988)

Answer 8

State’s due diligence obligations to prevent the violation made by a private actor

Question 9

ECtHR, Banković et al. v Belgium et al. (2001)

Answer 9

If a country doesn’t have full control over an area, it cant be held responsible for rights violations there

Question 10

ECtHR , Issa v Turkey (2005)

Answer 10

A country can be held responsible if it has overall control

Question 11

ECtHR , Al-Skeini v UK (2011)

Answer 11

If a country has personal control over people, they are responsible for their rights

Question 12

When will the court consider an individual application inadmissible

Answer 12

Evidently ill-founded
Not suffered a significant disadvantage

Question 13

Who conducts the preliminary examination

Answer 13

A single judge or a 3 judge committee