On October 1999 an explosion occurred at a British army checkpoint in which five British soldiers and one civilian were killed. The police suspected the Irish Republican Army (IRA). The applicants were arrested and detained by the police following a suspicion on their involvement in the explosion and their membership of the IRA. The suspects were informed of their right to remain silent and everything they would say could be used against them...

Ireland 2000 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Freedom of Expression Right to a fair trial Proportionality Public order

In 1987 the Ekin association published a book entitled Euskadi at war. It was distributed in many countries including France and Spain. The book supported the Basque cause by giving an account of the historical, cultural and linguistic knowledge of the Basque Country. In 1988, a ministerial order issued by French Ministry of the Interior banned its circulation, distribution and sale in France on the grounds by promoting separatism and violence;...

France 2001 Terrorism propaganda European Convention on Human Rights European Court of Human Rights (ECtHR) Freedom of Expression Proportionality Security and public order

In 1992, shortly before the Olympic Games in Barcelona, the fifteen applicants were suspected of being sympathisers of a Catalan independence movement and were arrested by Guardia Civil officers in connection with an investigation into terrorist offences. The applicants complained of ill-treatment while in custody; of receiving blows to the head and face; of being blindfolded and subjected to sleep and food deprivation. Before the ECtHR, the...

Spain 2004 Terrorism propaganda Separatism Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Effective official investigation into the allegations

The applicant was placed under investigation in connection with a series of terrorist attacks carried out in France and sentenced to life imprisonment in 1997. From August 1994 to October 2002 he was held in solitary confinement. The reason given to prolong his detention in solitary confinement was his dangerousness, the need to maintain order and security in the prison and the risk of his absconding. Regularly, the applicant underwent medical...

France 2006 Membership in a terrorist organisation Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right to an effective remedy Solitary confinement

The applicant is a stateless person residing in Lebanon. An arrest warrant was issued against him for being suspect in the preparation of the bomb attack of a discotheque in Berlin in 1986 in order to kill members of the American armed forces. In 1996, the applicant were extradited to Germany from Lebanon and held in detention. The German courts found that his further detention had remained proportionate, having regard to the persistence of...

Germany 2006 Membership in a terrorist organisation Violent extremism Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Right to a fair trial Proportionality Right to an effective remedy

XX (French national) was a former member of the extreme left armed movement “Action Directe” and was, at the time of the judgement, serving a sentence of life imprisonment in France. He has been found guilty of attempted murder, armed robbery and hostage taking committed in order to facilitate or prepare the commission of a criminal offence or serious crime. He complained about strip searches imposed on him while in prison. In addition, a...

France 2007 Left-wing extremism Violent extremism Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Right to a fair trial Proportionality Torture, degrading and inhuman and treatment Right to an effective remedy

The applicant is a Tunisian national living in Italy. The mother of his child is an Italian national. In 2001, the applicant received an Italian residence permit for family reasons, valid until 2002. In 2002, the applicant was suspected of international terrorism and was arrested and placed in pre-trial detention. He was accused of conspiracy to commit acts of violence in States other than Italy within the intention of arousing widespread terror....

Italy 2008 Membership in a terrorist organisation Terrorism propaganda Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

The case concerns the deportation to Algeria of a person convicted in France of terrorist offences. The applicant was arrested in the context of an operation to dismantle a radical Islamist group affiliated to al-Qaeda. He was suspected of having prepared a suicide attack on the US embassy in Paris.

France 2009 Islamic extremism Membership in a terrorist organisation Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

Herri Batasuna is a political organisation that was established in 1979. In 2002, the Audiencia Nacional suspended the activities of Batasuna and ordered the closure. Subsequently, the State Counsel, brought proceedings before the Supreme Court seeking the dissolution of the political party, on the ground that it breaches the LOPP by a series of activities that irrefutably amounted to conduct that was incompatible with democracy, prejudicial to...

Spain 2009 Public security European Convention on Human Rights Spain: Organic Law 6/2002 on political parties (LOPP) European Court of Human Rights (ECtHR) Freedom of Association Proportionality

The applicant was convicted of assault and was to be expelled from Italy after serving his sentence. In the meantime, Tunisian courts sentenced him to ten years’ imprisonment for membership of a terrorist organisation. In March 2007, under Rule 39 of the Rules of the Court, the Court had indicated to the Italian Government that it was desirable to delay the implementation of the deportation order. Nonetheless, the applicant was deported to...

Italy 2009 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Right to a fair trial Security and public order Torture, degrading and inhuman and treatment

Mr XX, a Libyan national residing in the United Kingdom, and Mr XX, a Tunisian national residing in Ireland, were designated by the Sanctions Committee of the United Nations Security Council as being associated with Usama bin Laden, Al-Qaeda or the Taliban. In order to give effect to the associated resolutions within the European Community, the Council adopted a regulation ordering the freezing of the funds and other economic resources of the...

United Kingdom 2009 Islamic extremism Terrorist recruitment Membership in a terrorist organisation Public security European Convention on Human Rights European Court of Justice (ECJ) Right to a fair trial Proportionality Right to property

The applicant, XX, is a Jordanian national, currently detained in Long Lartin prison, Worcestershire, England, on. suspected links with al-Qaeda. Mr XX arrived in the United Kingdom in September 1993 and made a successful application for asylum, on the basis that he had been detained and tortured by the Jordanian authorities in 1988 and 1990. In October 2002, he was detained under the Anti-Terrorism, Crime and Security Act. When that Act was...

United Kingdom 2012 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

The applicant is an Iraqi national that arrived in Belgium in 2000 and requested asylum protection alleging persecution by members of Saddam Hussein’s regime. In 2003, the applicant was arrested on charged of criminal association, fraud and forgery, suspicion of having links with the terrorist association Al-Qaeda and of participating in supplying forged documents intended to facilitate the entry of Islamists into Europe. Relying on Article 3,...

Belgium 2012 Membership in a terrorist organisation Terrorism propaganda Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Right to Liberty Right to a fair trial Proportionality Effective official investigation into the allegations

The applicant, a Moroccan national, was arrested and convicted for participating in the activities of a terrorist group (the Moroccan Islamic Combatant Group). Before the Brussels Criminal Court, evidence was transmitted by the Moroccan authorities and added to the case file. The evidence included statements by a relative of the applicant, describing the latter’s involvement and activities in the terrorist group. The applicant complained before...

Belgium 2012 Membership in a terrorist organisation European Convention on Human Rights Belgium: Law of 30 November 1998 Organising the Intelligence and Security Services European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

Following the events of 11 September 2001, a United Nations Security Council resolution calling on all UN Member States to combat terrorism and the financing of terrorism by all means, in particular by freezing the funds of persons who commit, or attempt to commit, terrorist acts had been adopted. The resolution was implemented in the Community through a Council Common Position and Regulation which ordered the freezing of the funds and other...

Iran (Islamic Republic of) 2016 Terrorism financing European Convention on Human Rights Treaty of the European Union European Court of Justice (ECJ) Right to a fair trial Right to an effective remedy

Following 9/11, the British Government considered that the UK was a particular target for terrorist attacks and would justify derogation to the Convention in time of emergency, under Article 15 of the Convention. The Act implements discrimination between nationals and non-nationals. The eleven applicants (none of them with a British citizenship) could not be deported because there was a risk that each would be ill-treated in his country of...

United Kingdom 2009 Membership in a terrorist organisation Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Right to Liberty Proportionality Security and public order Torture, degrading and inhuman and treatment

Under the 2000 Act, a senior police officer may issue an authorisation permitting any uniformed police officer within a defined geographical area to stop any person and search the person and anything carried by him or her, whether or not the police officer has grounds for suspicion. The search takes place in public and failure to submit to it amounts to an offence punishable by imprisonment or a fine or both. The applicants are British...

United Kingdom 2010 Public security European Convention on Human Rights United Kingdom: The Terrorism Act 2000 European Court of Human Rights (ECtHR) Freedom of Association Freedom of Expression Right to Liberty Right to respect for private and family life

The case concerns six alleged international terrorists who have been detained in the UK pending extradition to the United States of America. Between 1999 and 2006, the applicants were indicted on various terrorism charges in the USA. The US Government requested each applicant’s extradition from the UK. The applicants were arrested in the UK and placed in detention pending extradition. The applicants argued the deportation was a breach of...

United Kingdom 2012 Membership in a terrorist organisation European Convention on Human Rights 1972 UK-USA Extradition Treaty European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

The applicant, an Algerian national, was convicted in France of preparing a terrorist act from Slovakia following his unsuccessful asylum request. The applicant lodged asylum requests on the ground that, because he had been convicted in Algeria in 2005 in his absence of membership of a terrorist organisation and sentenced to life imprisonment, he risked being ill-treated in Algeria. In 2010 the Supreme Court of Slovakia dismissed his asylum...

Slovakia 2012 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right to an effective remedy Right of individual petition

The applicants, XX and XX, were arrested on 1 March 2011 and 10 November 2008 respectively by the police and placed in incommunicado police custody for five days (Ms XX) and four days (Mr XX) in the course of judicial investigations into the offences of presumed membership of the terrorist organisation ETA and of SEGI, a branch of ETA, respectively. Both applicants alleged that they had been subjected to severe psychological and physical violence...

Spain 2014 Membership in a terrorist organisation Separatism European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Effective official investigation into the allegations

On 30 September 2003, the applicant, XX, was sentenced by the Brussels’ Regional Court to ten years’ imprisonment for having, among other offences, attempted to blow up a Belgian military base and having instigated a criminal conspiracy. On 8 April 2008 the US authorities transmitted to the Belgian authorities a request for Mr XX’s extradition. The indictment included four charges against Mr XX for offences relating to Al-Qaeda-inspired...

Belgium 2014 Islamic extremism Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right of individual petition

Both applicants, XX and XX, have been suspected of terrorist attacks and membership in a terrorist organization (Al Qaeda). Both applicants allege that they were victims of an “extraordinary rendition” by the US Central Intelligence Agency (CIA), that is, of apprehension and extrajudicial transfer to a secret detention site in Poland with the knowledge of the Polish authorities for the purpose of interrogation, during which they were...

Poland 2014 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Right to Liberty Right to a fair trial Torture, degrading and inhuman and treatment Right to an effective remedy

The applicant is a British national and was indicted in the US as a co-conspirator in respect of a conspiracy to establish a jihad training camp in Oregon. The US has previously requested his extradition from the United Kingdom (see ECtHR, XX v. the United Kingdom, No. 17299/12, 2013). In a judgment delivered in 2013 in a previous case brought by the same applicant, the Court had held that his extradition to the US would be in violation of...

United Kingdom 2015 Islamic extremism Terrorist recruitment European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

The applicant is a Spanish national residing in Spain. He was arrested in 2011 by police officers and suspected of belonging to EKIN, an organisation attached to the terrorist group ETA. While in the car transporting him to Madrid, the applicant was allegedly subjected to threats and insults, and was struck on the head, testicles and ribs by the police officers. He was then placed in incommunicado police custody. He was allegedly forced to wear a...

Spain 2016 Membership in a terrorist organisation Separatism European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

The two applicants are Hungarian residing in Hungary. At the relevant time, they worked for a non-governmental watchdog organisation which voices criticism of the Government. In 2012, the applicants complained before the Constitutional Court that the sweeping prerogatives in respect of secret intelligence gathering for national security purposes enacted in the Act no. CCVII of 2011 breached their right to privacy. The Constitutional Court...

Hungary 2016 Public security European Convention on Human Rights Hungary: Act no. CCVII of 2011 (the “Police Act”) European Court of Human Rights (ECtHR) Right to a fair trial Right to respect for private and family life

The applicant is a Brazilian national residing in the UK. Her cousin, a Brazilian national, was shot dead in 2005 in London Underground Station after he was mistakenly identified as a suicide bomber. Two terrorists suspects were living at the same address as the applicant’s cousin and the latter was followed by police officers, on the day of the incident, who thought he might be one of the suspects. Following several unsuccessful attempts...

United Kingdom 2016 Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Right to life

The applicant, XX, is a Tunisian national who was born in 1969. He had been living in Italy since 1986 with his wife, a Tunisian national, and his three young children, born in Italy. In April 2003 he was arrested on suspicion of criminal conspiracy linked to fundamentalist Islamist groups and of aiding and abetting illegal immigration, and was placed in pre-trial detention. On 15 July 2006 the Cremona Assize Court sentenced him to ten years and...

Italy 2010 Membership in a terrorist organisation European Convention on Human Rights Rule 39 (interim measures) of the Rules of Court (ECtHR) European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right to respect for private and family life Right of individual petition

The applicant, XX, is a Tunisian national who was born in 1978 and lives in Tunisia. In May 2005 the Italian authorities issued a warrant for his arrest on suspicion of his involvement in a criminal conspiracy linked to fundamentalist Islamist groups. On 20 May 2005 he was arrested in Austria and two months later was extradited to Italy. After being found guilty he was sentenced on 5 October 2006 to five years and four months’ imprisonment. The...

Italy 2012 Islamic extremism Public security European Convention on Human Rights Rule 39 (interim measures) of the Rules of Court (ECtHR) European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right of individual petition

The applicant is a Tunisian national who was born in 1965 and lives in Tunisia. He is married to an Italian national and has three young children. Following criminal proceedings brought against the applicant in 2003, the Milan Court of Appeal sentenced him on 23 October 2007 to six years’ imprisonment for international terrorism; this ruling was upheld by the Court of Cassation on 11 June 2008. On 18 May 2009 Mr XX, whose sentence had been...

Italy 2011 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right to respect for private and family life Right of individual petition

The two applicants are Egyptian nationals. Mr. XX was a member of an Islamist movement regarded by the Egyptian government as a terrorist organisation and had lived in Italy since 1998. He obtained political asylum in 2001 and was married to the second applicant, Ms XX. Mr XX was suspected of conspiracy to commit an international terrorist act. In 2013, the Milan District Court convicted him of membership of a terrorist organisation. In 2003,...

Italy 2016 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Right to Liberty Torture, degrading and inhuman and treatment Right to respect for private and family life