On 21 July 2005 four bombs detonated on the London transport system but failed to explode. The perpetrators fled the scene and a police investigation immediately commenced. The first three applicants were arrested on suspicion of having detonated three of the bombs. The fourth applicant was initially interviewed as a witness in respect of the attacks but it subsequently became apparent that he had assisted one of the bombers after the failed...

United Kingdom 2016 Violent extremism European Convention on Human Rights European Court of Human Rights (ECtHR) Right to a fair trial

The applicant, and Algerian national, was extradited from the UK to France on charges related to a series of terrorist attacks in 1995 in Paris. He complained about an alleged error in the reasoning of the judgment delivered by a special bench of the Assize Court of Appeal which convicted him. He also complained about a violation of the ne bis in idem principle (no legal action can be instituted twice for the same cause of action) owing to his...

France 2017 Membership in a terrorist organisation Violent extremism European Convention on Human Rights Protocol No. 7 to the Convention (ECHR) for the Protection of Human Rights and Fundamental Freedoms, ETS No.117 European Court of Human Rights (ECtHR) Right to a fair trial Right to life

The applicant was suspected of taking part in terrorism-related activities in Somalia. In 2010, the Secretary of State for the Home Office deprived him of his UK citizenship and barred him from re-entering the country. The applicant claimed that these decisions had violated his right to respect for private and family life and had been discriminatory. He also argued that he could not properly make his case from abroad, because of fears that his...

United Kingdom 2017 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Right to respect for private and family life

The two applicants, Spanish nationals, were arrested in 2008 by officers of the Guardia Civil. They complain before the Court that they have been subjected to ill-treatment at the beginning of their incommunicado police custody.

Spain 2018 Membership in a terrorist organisation European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment

The applicant, an Algerian national, was convicted in France of involvement in a terrorist organisation and the case concerned his expulsion to Algeria. The applicant alleged in particular that by handing him over to the Algerian authorities, in breach of an interim measure indicated by the Court, the French Government had failed in its obligations under Article 34.

France 2018 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

The applicant, a Moroccan national, was convicted in France of conspiracy to carry out terrorist acts, and who had previously been deprived of his French nationality for the same reason. The present case concerned his expulsion to Morocco. The applicant alleged in particular that he had been expelled to Morocco despite the fact that in that country he had risked being subjected to ill-treatment. He also submitted that by expelling him to Morocco...

France 2018 Public security European Convention on Human Rights European Court of Human Rights (ECtHR) Torture, degrading and inhuman and treatment Right of individual petition

The case concerned the applicant’s allegations that Lithuania had let the United States Central Intelligence Agency transport him on its territory under the secret extraordinary rendition programme and had allowed him to be subjected to ill-treatment and arbitrary detention in a CIA detention “black site”. He also complained that Lithuania had failed to carry out an effective investigation into his allegations.

Lithuania 2018 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 an effective remedy Right to respect for private and family life

The case concerned the applicant’s allegations that Romania had led the United States Central Intelligence Agency transport him under the secret extraordinary rendition programme onto its territory and had allowed him to be subjected to ill-treatment and arbitrary detention in a CIA detention “black site”. He also complained that Romania had failed to carry out an effective investigation into his allegation. The applicant is facing capital...

Romania 2018 Violent extremism European Convention on Human Rights Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, ETS No.114 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 Right to respect for private and family life Right to life

Following various resolutions of the United Nations Security Council, all UN Member States were called upon to freeze the funds and other financial assets controlled directly or indirectly by individuals or entities designated by the sanctions committee of the Security Council as being associated with Usama bin Laden, Al-Qaeda or the Taliban. In order to implement those resolutions, the Council adopted a common position within the framework of...

Sweden 2008 Terrorism financing European Convention on Human Rights Treaty establishing the European Community (EC) Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ETS 9 European Court of Justice (ECJ) Right to a fair trial Right to an effective remedy Right to property

Directive 2004/83/EC of 29 April 2004 establishes minimum standards for the qualification and status of third country nationals or stateless persons as refugees. According to Article 12(2)(b) and (c), persons regarding whom there are serious reasons for considering that they have committed a serious non-political crime outside the country of refuge or been guilty of acts contrary to the purposes and principles of the United Nations are excluded...

Germany 2010 Membership in a terrorist organisation Treaty establishing the European Community (EC) Directive 2004/83/EC European Court of Justice (ECJ) Right of asylum

In 2006, Mr XX, a Moroccan national, was convicted in Belgium by the Brussels Criminal Court and sentenced to six years imprisonment, with respect to his participation in the activities of a terrorist group - namely the Belgian cell of the ‘Moroccan Islamic Combatant Group’ (‘the MICG’) – as a member of its leadership, criminal conspiracy, use of forged documents, and illegal residence. That court found in particular that Mr XX was...

Belgium 2017 Membership in a terrorist organisation Terrorism recruitment Directive 2004/83/EC European Court of Justice (ECJ) Right of asylum

Considering that the social security and social assistance benefits – such as income support, child benefit, housing benefit – granted to the spouses of presumed terrorists appearing on the list of Regulation (EC) No 881/2002 were included under the funds frozen under this Regulation, the British Treasury imposed severe restrictions on the access to and the use of these benefits. The spouses concerned took legal proceedings, claiming that the...

United Kingdom 2010 Terrorism financing Treaty establishing the European Community (EC) Council Regulation (EC) No 881/2002 European Court of Justice (ECJ) Proportionality

On 21 December 2008, Mr XX participated as speaker in a public act celebrated in memory of XX (alias “Argala”), former leader of ETA, on the day of the thirtieth anniversary of his assassination. The act was given publicity through leaflets that were distributed in the streets with a text attributed to Argala: “The armed struggle we do not like anybody, the armed struggle is unpleasant, it is hard, as a result of them one goes to jail, to...

Spain 2016 Terrorism propaganda European Convention on Human Rights Council of Europe Convention on the Prevention of Terrorism (CECPT), CETS No. 196 Spain: Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015) Spain: Constitution of 1978 Constitutional Court, Spain Freedom of Expression Freedom of religion or belief

The case concerns a Moroccan student, with legal residence in Spain, who since the beginning of 2015, became increasingly radicalized, making public in DAESH-related social networks her conviction to do the Jihad. At that point she began to consider moving to an armed conflict zone controlled by the Islamic State (IS), to marry a mujahidin, and in in this way realize her own Jihad. In May and June 2015 she visited family in Morocco where she...

Spain 2018 Terrorism recruitment Terrorism propaganda Spain: Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015) Spain: Constitution of 1978 Supreme Court, Spain Right to a fair trial Right to respect for private and family life

The case concerns a Moroccan, living in Spain who since August 2015 was detained, until, in April 2016, he had been come increasingly radicalized. His radicalisation was manifested in his Facebook profile where he published messages, photos, images and videos to further the cause of the Islamic State. When he was detained his mobile phone was confiscated. In it many of these materials had been saved, including messages. On 16 November 2016,...

Spain 2017 Terrorism propaganda Spain: Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015) Supreme Court, Spain Freedom of Expression Freedom of religion or belief

This case concerns a DAESH activist who spreads ideas that encourage acts promoted by this terrorist organization. In 2016 the activists declared fidelity to Abu Bark al Bagudadi who in 2014 proclaimed caliph of the Islamic State. The activist, who created a Facebook profile in 2016 and has 1800 followers and 117 publications, published a video elaborated destined to future jihad terrorists. It consists of a military manual that shows how to use...

Spain 2018 Terrorism propaganda Spain: Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015) Audiencia Nacional (special and exceptional high court), Spain Freedom of Expression

The applicant is an Algerian national who entered Germany for the first time in early 2003. On March 2017, the competent authority of the Free Hanseatic City of Bremen ordered his deportation to Algeria and issued a permanent ban on entry and residence against the applicant. The reasoning of the deportation notice stated that the applicant posed a terrorist threat. The action brought by the applicant against the deportation order was dismissed...

Germany 2017 Public security European Convention on Human Rights Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Proportionality Torture, degrading and inhuman and treatment Right to an effective remedy Right to life

The constitutional complaints are directed, first, against the granting of various investigative powers. The challenged powers include the authorisation to question persons, as well as the use of special means of data collection outside of private homes including, in particular, the covert monitoring and recording of non-public speech, image recording, the application of tracking devices, and the use of police informants and undercover...

Germany 2016 Public security Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Proportionality Right to an effective remedy Right to respect for private and family life

The proceedings concerned a Turkish citizen convicted of supporting a terrorist organisation, challenging his expulsion from Germany and impending deportation to Turkey. The applicant was convicted for supporting a terrorist organisation abroad and handed down an aggregated prison sentence of three years and six months on the grounds that he had joined Salafist groups and had made significant monetary and in-kind contributions to the terrorist...

Germany 2017 Terrorism financing Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Torture, degrading and inhuman and treatment Right to an effective remedy Right to life Right of asylum

The complainant is Russian national, originally from Dagestan, who moved to Germany as an infant and lived with his parents until his arrest in 2017. In 2014, the City of Bremen denied the applicant the right to leave the country as it assumed that the applicant would travel to Syria in support of the so-called Islamic State, while the prosecutor of the City of Bremen started legal proceedings against the applicant. In 2017, the Ministry of...

Germany 2017 Violent extremism Public security European Convention on Human Rights Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Right to a fair trial Torture, degrading and inhuman and treatment Right to respect for private and family life

Mr XX is a Pakistani national. In 1993, he was granted an entry clearance into the UK to enable him to work as a minister of religion with the Jamait Ahle-e-Hadith in Oldham. In October 1997, he travelled with his family to Pakistan. On his return in December 1997 he applied for indefinite leave to remain in the United Kingdom but was refused. According to his letter of refusal, "the Secretary of State is satisfied, based on the information he...

United Kingdom 2001 Public security European Convention on Human Rights United Kingdom: Special Immigration Appeals Commission Act 1997 United Kingdom: Immigration Rules (HC395) United Kingdom: Immigration Act 1971 House of Lords, United Kingdom Right to an effective remedy

XX was born in Tunis on 24 July 1963. He arrived in the United Kingdom in 1994 and applied for asylum. That application was refused but he was granted exceptional leave to remain until 2005. In December 2001 XX was certified by the Secretary of State under section 21 of the Anti-terrorism, Crime and Security Act 2001. He was detained in HMP Belmarsh until his release on bail on 10 March 2005 on conditions similar to those of the control order...

United Kingdom 2007 Public security European Convention on Human Rights United Kingdom: Prevention of Terrorism Act 2005 House of Lords, United Kingdom Right to Liberty

Mr. XX (Applicant), is a joint British and Pakistan national who is currently detained in HMP Whitemoor (UK). He was born in Pakistan in 1975. In 1994 he moved to the UK but returned to Pakistan in November 2001. On 30 March 2004 six men were arrested in the UK and charged with conspiracy to cause explosions. Mr. XX’s uncle, a Brigadier in the Pakistan army who had contacts with the Pakistan authorities, heard that the UK authorities were...

United Kingdom 2009 Membership in a terrorist organisation Violent extremism European Convention on Human Rights United Kingdom: Police and Criminal Evidence Act 1984 (PACE) European Court of Human Rights (ECtHR) Right to a fair trial Torture, degrading and inhuman and treatment

Mr. XX is an Ethiopian national who migrated to the United Kingdom with his family in 1992 aged 14. In 1999 the applicant's family was granted indefinite leave to remain (permanent residency). In May 2005 the applicant travelled to Somalia and then Ethiopia where he was put under detention by Ethiopian authorities in December 2006. The Secretary of State made the decision to exclude him from the United Kingdom under suspicion of his involvement...

United Kingdom 2010 Public security European Convention on Human Rights The Supreme Court (UKSC), United Kingdom Right to Liberty Right to respect for private and family life

In response to various incidents of international terrorism, including the attacks on 9/11, the UN Security Council (“the UNSC”) passed resolutions (“UNSCRs”) requiring member states to take steps to freeze the assets of: (i) Usama Bin-Laden, the Taliban and their associates; and (ii) those involved in international terrorism. The UNSC established a list of persons whose assets member states were obliged to freeze (“the Consolidated...

United Kingdom 2010 Membership in a terrorist organisation The United Nations Act 1946 (1946 Act) United Kingdom: The Terrorism (United Nations Measures) Order 2006 United Kingdom: The Terrorism (United Nations Measures) Order 2009 United Kingdom: The Al-Qaida and Taliban (United Nations Measures) Order 2006 The Supreme Court (UKSC), United Kingdom Right to respect for private and family life

The case has its origin in an AN oral judgment n° 7/2017 of 6 April 2018 in which Ms. XX was convicted as responsible for the crime of self-indoctrination in terrorism (Art. 577.2 of the Penal Code) to 2 years and 1 day of imprisonment as well as to the disqualification from the exercise of the right to vote during the period of imprisonment, and the absolute and special disqualification from the educative profession in the ambit of teaching,...

Spain 2018 Terrorism propaganda Spain: Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015) Spain: Constitution of 1978 Audiencia Nacional (special and exceptional high court), Spain Right to a fair trial Proportionality

The case concerns two Moroccan adults (Mr. XX and Mr. XX2), without any previous criminal record. Mr.XX used the Internet (Facebook and YouTube) to publish and disseminate propaganda (message and videos) to incite the radicalisation to commit violent crime against certain persons or collectives. The disseminated material was anti-democratic, anti-Western, anti-Semitic, incitement to hate and violence that justify and provoke combative Jihadist...

Spain 2018 Terrorist recruitment Terrorism propaganda Spain: Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015) Spain: Constitution of 1978 Audiencia Nacional (special and exceptional high court), Spain Freedom of Expression Security and public order Freedom of religion or belief

The complainant is a Russian national and a devout Muslim. According to him, after studying the Turkish language and the Quran in Istanbul/Turkey from September 2013, he entered Germany in May 2014. On 25 July 2014, he applied for asylum in Germany based on an alleged persecution by Russian authorities. In October 2014, he was arrested provisionally due to an Interpol arrest warrant. Later in 2014, the courts ordered him to be detained for...

Germany 2015 Membership in a terrorist organisation Violent extremism Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Right to Liberty Right of asylum

In response to the constitutional complaint, the Constitutional Court held that the orders challenged violate the complainant's fundamental right to informational self-determination. The challenged decisions do not satisfy the constitutional requirements. They are based on a broad interpretation of § 31 of the Act that conflicts with the principles of proportionality. The Regional Court regarded it as sufficient if “the possibility of the...

Germany 2006 Public security Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Right to respect for private and family life

The complainant challenges the Act on Setting up a Standardised Central Counter-Terrorism Database of Police Authorities and Intelligence Services of the Federal Government and the Länder (Counter-Terrorism Database Act – ATDG). This legal act stipulates the creation of a common database for police and intelligence services and allows vast competences for the respective agencies in adding personal data and the processing of such data. The...

Germany 2013 Public security Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Proportionality Right to respect for private and family life