BIROn - Birkbeck Institutional Research Online

    What reparation does a torture survivor obtain from international litigation? Critical reflections on practice at the Strasbourg Court

    Bowring, Bill (2012) What reparation does a torture survivor obtain from international litigation? Critical reflections on practice at the Strasbourg Court. The International Journal of Human Rights 16 (5), pp. 755-772. ISSN 1364-2987.

    Full text not available from this repository.

    Abstract

    Although the Strasbourg Court is primarily a mechanism for the protection of individual human rights, many of the leading cases on violation of article 3 have a collective or a structural dimension. This is of great importance for the Convention Against Torture (CAT) definition of torture, which is that torture must have a purpose. Thus, the author's experience of many Kurdish and Chechen complaints against Turkey and Russia respectively is that they relate to the consequences of self-determination struggles and repressive state responses. Or, as in many of the Russian cases concerning article 3, they relate to the structural problems of the Russian penitentiary system, in which the officers, mostly ex-military, see the prisoners as the enemy. A successful claimant at Strasbourg in most cases obtains a declaration that a violation has been committed by the government, and a sum of money in ‘just satisfaction’. Compared with the practice of the Inter-American Court, this is minimalist. The enforcement procedure through the Committee of Ministers, for general measures, is opaque and slow. The question remains: why do it?

    Metadata

    Item Type: Article
    Keyword(s) / Subject(s): torture, reparation, survivor, European Court of Human Rights, Kurds, Chechens, Turkey, Russia, Inter-American Court of Human Rights, just satisfaction
    School: Birkbeck Schools and Departments > School of Law
    Depositing User: Administrator
    Date Deposited: 18 Jun 2012 12:17
    Last Modified: 17 Apr 2013 12:23
    URI: http://eprints.bbk.ac.uk/id/eprint/4818

    Statistics

    Downloads
    Activity Overview
    0Downloads
    82Hits

    Additional statistics are available via IRStats2.

    Archive Staff Only (login required)

    Edit/View Item Edit/View Item