33. States are only bound by those Protocols to which they have become
parties.
Implementation Mechanisms
34. The European Court of Human Rights: The ECHR is enforced through
a permanent, full-time European Court of Human Rights that sits in
Strasbourg.22
35. The Court consists of Judges of an equal number of States parties to the
ECHR. A single judge can reject cases without a fully reasoned decision
when they are clearly inadmissible. Where there is evidence of the case
raising matters on which the Court has already ruled, it will be dealt with
by a Committee of three judges. To rule on the admissibility of more
complex cases or on the merits of admissible cases, the Court sits in
Chambers comprising seven Judges. A Grand Chamber of seventeen
Judges sits in certain situations.
36. The European Court has jurisdiction over inter-state and individual
complaints:
Inter-state complaint: Any State party may refer an alleged breach
of the Convention or substantive Protocols by another State party.
This procedure has been little used, although cases have been
brought, for example, by Ireland against the United Kingdom; by the
Scandinavian States against Greece during the military regime; by
Denmark against Turkey; and by Cyprus against Turkey. Georgia
and Russia have also taken cases against each other.
Individual complaint: Individuals and non-governmental
organisations may also lodge complaints to the European Court for
violations allegedly committed by State Parties to the Convention.
37. The Court can also provide an advisory opinion at the request of the
Committee of Ministers of the Council Europe on questions relating to the
interpretation of the European Convention and its Protocols.
38. Execution of the Court's judgments is overseen by the Committee of
Ministers, a political body composed of government representatives of all
the Member States.
Other Council of Europe Mechanisms
39. European Committee for the Prevention of Torture: The European
Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment establishes a European Committee that,
through visits to the penal and other institutions within States parties,
examines the treatment of those deprived of their liberty with a view to
strengthening (if necessary) the protection of such persons from torture.
22
From when the ECHR came into force in 1953 until 1 November 1998, enforcement was through
the institutional machinery of the Committee of Ministers, the European Commission on Human
Rights and the European Court of Human Rights in Strasbourg. This machinery was overhauled in
1994 by Protocol No. 11 that entered into force on 1 November 1998.
16
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