OMCT Handbook Series vol.1
This Practitioner’s Handbook is a publication of OMCT’s State Compliance Programme. Its purpose is to provide practical advice to persons wishing to bring a case to the European Court of Human Rights under Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment. As such, the Handbook contains an accessible but comprehensive treatment of the procedure and practice of the European Court, as well as a detailed analysis of the Court’s jurisprudence in the area of torture and ill-treatment. Because this is an article-specific book, all areas of substance and procedure are discussed in the specific context of the Court’s Article 3 jurisprudence and special emphasis has been placed on providing strategic litigation advice in relation to matters which may pose particular challenges to Article 3 litigants. The Court’s evidential rules, and in particular, the “establishment of facts” and the shifting of the burden of proof in ill-treatment cases, are given careful attention. The meaning and scope of the terms “torture” and “inhuman or degrading treatment or punishment” are dealt with extensively, as is the Court’s practice in the area of interim measures, friendly settlement, and just satisfaction. Reference materials such as the Court’s Practice Directions, the Rules of Court, pleadings submitted in precedent cases, a model application and introductory letter based on hypothetical ill-treatment scenarios, have been included in the appendices and Textboxes. This book is available in English, français, Русский and Türkçe.Download individual chapters (PDF documents):
table of contents, list of appendices, note to readers, acknowledgements, disclaimer, preface, table of cases and introduction
28 pages / 504 KB
part i overview of the council of europe, the court, and its proceedings
44 pages / 532 KB
part ii admissibility
68 pages / 526 KB
part iii proceedings before the court
12 pages / 328 KB
part iv lodging the application
14 pages / 320 KB
part v communication of the application
5 pages / 281 KB
part vi admissibility decisions
7 pages / 285 KB
part vii just satisfaction (article 41)
11 pages / 298 KB
part viii friendly settlement and strike out (articles 37-38)
13 pages / 321 KB
part ix the judgment and the subsequent procedure
7 pages / 314 KB
part x the absolute nature of the prohibition and the inherent obligations of article 3
18 pages / 349 KB
part xi establishment of facts
31 pages / 350 KB
bibliography, index, about the authors
16 pages / 327 KB
appendices
521 pages / 11.55 MB
here
795 pages / 11.37 MB
Русский
770 pages / 13.33 MB
türkçe
324 pages / 3.78 MB
handbook_cover_2.jpg
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