This note introduces a Grand Chamber of the European Court of Human Rights decision which explains the application of the European Convention on Human Rights and Fundamental Freedoms on disappearances stemming from armed conflict. The Varnava judgment is particularly instructive on the balance of competing tensions; the unique aspects of disappearances; failure to investigate as a continuous violation; and applicant’s obligations under the Convention to exhaust domestic remedies and timely petition the Court.
International Legal Materials
Varnava, Turkey, European Court of Human Rights, ECtHR, disappearances, United Nation, United Nations Working Group on Enforced or Involuntary Disappearances, armed conflict
Chris Jenks, Introductory Note to European Court of Human Rights (Grand Chamber): Varnava and Others v. Turkey, 49 INT'L LEGAL MATERIALS 358 (2010)