A Project of the American Enterprise Institute and the Federalist Society

ECHR Denies Saddam Hussein's Application For Judgement


March 14, 2006

The European Court of Human Rights, on March 14th, denied Saddam Hussein's application for a judgment against various coalition partners/supporters (21) who are members of the Council of Europe and subject to the court. Saddam had claimed his arrest, detention, subsequent handover to the Iraqi authorities and ongoing trial violated Articles 2 (right to life), 3 (prohibition of torture and inhuman and degrading treatment), 5 (right to liberty and security) and 6 (right to a fair trial) of the European Convention on Human Rights as well as the anti-death penalty protocols No. 6 (abolition of the death penalty in time of peace) and 13 (abolition of the death penalty in all circumstances) to the Convention. The court denied the application because he was not in the jurisdiction or effective control of any of these states.

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