The Nuhanovic Foundation

Reparations Database

Bill Bowring; What Reparation Does a Torture Survivor Obtain from International Litigation? Critical Reflections on Practice at the Strasbourg Court, The International Journal of Human Rights, Vol. 16 (5)

YEAR

2023

Country Focus

DOCUMENTS

Although the European Court of Human Rights (ECtHR) 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. In particular 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. 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? The author of this article concludes that claims must continue to be brought, not least because this will simultaneously maintain the pressure to improve the system.