Victims find their place at the European Court of Human Rights: «just satisfaction» for their rights’ violation in inter-states cases (Cyprus against Turkey)
Keywords:
Just satisfaction, Article 41 European Convention on Human Rights, Inter-States Complaints, Victims, Reparation, Self-Contained RegimesAbstract
The individual is gradually finding its place in the Public International Law and the work of the European Court of Human Rights evidence this fact. On 12 May 2014, the European Court of Human Rights Grand Chamber adopted a landmark judgment. In this judgment and in the context of inter-State complaints of Cyprus against Turkey for its military intervention in the island, the Court awarded just satisfaction to Cyprus, in accordance with art.41 European Convention of Human Rights. The purpose of this satisfaction was to repair the damage caused to the victims of systematic human rights violations in this military incursion. It is the first time that a decision of this kind for interstate claims was adopted, and it offers a unique opportunity for the European judicial body to reflect about some crucial aspects as the international responsibility of the State, its erga omnes obligations with respect to human rights and its connection with diplomatic protection, the mechanisms to protect human rights, the victims and compensation, and above all, about the General International Law and its relationship with the lex specialis.Downloads
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