Janowiec And Others V. Russia
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Janowiec And Others V. Russia
''Janowiec and Others v. Russia'' (also sometimes known as the Katyn case) was a case brought before the European Court of Human Rights in 2007 and concluded in 2013 concerning the issue of human right violations in the context of the Katyn massacre. Background In 1940, Stalin ordered the execution of over 20,000 Polish prisoners-of-war and prison inmates in what became known as the Katyn massacre, a crime that the Soviet Union denied until 1990. The case concerned whether Russia violated the European Convention on Human Rights (ECHR) in 2004 by discontinuing the investigation and by classifying some documents, including about the reasons for the case being closed. The case was brought to the European Court of Human Rights (ECHR) by a number of victims' families, which unsuccessfully demanded access to the classified documents. The case has been described as about the right to know the fate of the family members and the right to obtain a thorough investigation into the relate ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Human Right Violations
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarde ...
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Katyn Massacre
The Katyn massacre, "Katyń crime"; russian: link=yes, Катынская резня ''Katynskaya reznya'', "Katyn massacre", or russian: link=no, Катынский расстрел, ''Katynsky rasstrel'', "Katyn execution" was a series of mass executions of nearly 22,000 Polish military officers and intelligentsia prisoners of war carried out by the Soviet Union, specifically the NKVD ("People's Commissariat for Internal Affairs", the Soviet secret police) in April and May 1940. Though the killings also occurred in the Kalinin and Kharkiv prisons and elsewhere, the massacre is named after the Katyn Forest, where some of the mass graves were first discovered by German forces. The massacre was initiated in NKVD chief Lavrentiy Beria's proposal to Joseph Stalin to execute all captive members of the Polish officer corps, which was secretly approved by the Soviet Politburo led by Stalin. Of the total killed, about 8,000 were officers imprisoned during the 1939 Soviet invasion o ...
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Stalin
Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as General Secretary of the Communist Party of the Soviet Union (1922–1952) and Chairman of the Council of Ministers of the Soviet Union (1941–1953). Initially governing the country as part of a collective leadership, he consolidated power to become a dictator by the 1930s. Ideologically adhering to the Leninist interpretation of Marxism, he formalised these ideas as Marxism–Leninism, while his own policies are called Stalinism. Born to a poor family in Gori in the Russian Empire (now Georgia), Stalin attended the Tbilisi Spiritual Seminary before joining the Marxist Russian Social Democratic Labour Party. He edited the party's newspaper, ''Pravda'', and raised funds for Vladimir Lenin's Bolshevik faction via robberies, kidnappings and protection rac ...
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Prisoners-of-war
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploiting them for their labour, recruiting or even conscripting them as their own combatants, collecting military and political intelligence from them, or indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as prisoners of war could expect to be either slaughtered or enslaved. Earl ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Classified Information
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know, and mishandling of the material can incur criminal penalties. A formal security clearance is required to view or handle classified material. The clearance process requires a satisfactory background investigation. Documents and other information must be properly marked "by the author" with one of several (hierarchical) levels of sensitivity—e.g. restricted, confidential, secret, and top secret. The choice of level is based on an impact assessment; governments have their own criteria, including how to determine the classification of an information asset and rules on how to protect information classified at each level. This process often includes security clearances for personnel handling the information. Some corporations and non-governm ...
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Reformatio In Peius
A (Latin: "change for the worse") occurs in law when as the result of an appeal, the appellant is put in a worse position than if there had been no appeal. For example, an appellant in a criminal case might receive a more severe sentence on appeal than in their original trial. Whether or not ''reformationes in peius'' are allowed depends on the jurisdiction and the applicable procedural law. In civil law jurisdictions, ''reformationes in peius'' are generally not allowed in appeals in administrative law cases and in criminal and civil appeals if the “other” party, i.e. the state in a criminal case, appeals the decision. Thus, a defendant needs never fear appeal an unjust conviction, such as a guilty verdict; a negative shift, such as a more severe penalty, can only result from the prosecution appealing it (as well). Prohibition at European Patent Office Under the case law of the Boards of Appeal of the European Patent Office The European Patent Convention (EPC), the mu ...
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History Of Europe
The history of Europe is traditionally divided into four time periods: prehistoric Europe (prior to about 800 BC), classical antiquity (800 BC to AD 500), the Middle Ages (AD 500 to AD 1500), and the modern era (since AD 1500). The first early European modern humans appear in the fossil record about 48,000 years ago, during the Paleolithic Era. People from this period left behind numerous artifacts, including works of art, burial sites, and tools, allowing some reconstruction of their society. During the Indo-European migrations, Europe saw migrations from the east and southeast. Settled agriculture marked the Neolithic Era, which spread slowly across Europe from southeast to the north and west. The later Neolithic period saw the introduction of early metallurgy and the use of copper-based tools and weapons, and the building of megalithic structures, as exemplified by Stonehenge. The period known as classical antiquity began with the emergence of the city-states of ancient Gree ...
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Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ...
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Right To Truth
Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of victims' rights; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device ... somewhere above a good argument and somewhere below a clear legal rule". Origins The idea of a legal right to truth is distinct from the pre-existing understanding of the importance of establishing the truth about what happened in a case of human rights violation. In 1977, Protocol I to the Geneva Conventions enshrined a right for families of people killed in armed conflicts to find out what ...
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