Strategic Litigation
Strategic litigation is a major focus of our work. It involves identifying and pursuing cases on critical human rights issues which if successful are likely to have a high impact at the national, regional or international level. Successful litigation can establish important legal precedents or effect changes in legislation, policy or practice. It can also positively influence public opinion.
A decision whether to work on an individual case is taken after considering established case selection criteria. In addition to reviewing the potential impact of a piece of litigation, we assess our own resources and expertise in order to determine if we can bring real added value to the case. And given that there are number of a differing ways in which we can support a case from simply providing advice, to co-representing applicants in partnership with local lawyers or intervening on issues of public interest as a third party or amicus curiae we also need to review how best we can become involved. Sometimes there are potential negative effects to consider. How likely are we to win a case? What would the impact be of a negative decision? Could a successful decision have negative consequences, for example by causing a public backlash against the very people we are acting to defend?
Below you will find information on cases which INTERIGHTS has been involved with. Given the sensitive nature of our work, we are unable to identify all of the cases we are involved in. The cases are listed alphabetically by region.
Africa
African Commission on Human and Peoples’ Rights v Great Socialist Peoples' Libyan Arab Jamahiriya
African Court on Human and Peoples’ Rights; Violent suppression of protests, assembly, expression, liberty and security, life
al-Asad v Djibouti
African Commission on Human and Peoples' Rights; Extraordinary rendition, secret detention, torture
Association of Victims of Post Electoral Violence & INTERIGHTS v Cameroon
African Commission on Human and Peoples’ Rights; State’s obligations, post-electoral violence
EIPR and INTERIGHTS v Egypt
African Commission on Human and Peoples' Rights; Violent suppression of protests, assembly, expression, liberty and security, life
Good v Botswana
African Commission on Human and Peoples' Rights; Freedom of expression, due process
Hadijatou Mani v Niger
ECOWAS Community Court of Justice; Slavery, equality, private life, marriage
INTERIGHTS and Ditshwanelo (on behalf of Oteng Modisane Ping) v Botswana
African Commission on Human and Peoples' Rights; Death penalty, cruel, inhuman and degrading treatment
INTERIGHTS and EIPR (on behalf of Sabah and Others) v Egypt
African Commission on Human and Peoples' Rights; Torture, cruel, inhuman and degrading treatment, fair hearing, death penalty
Kajikabi & Others v The Arab Republic of Egypt
African Commission on Human and Peoples' Rights; Right to life, freedom from discrimination, freedom from inhuman and degrading treatment, right to assembly
Kebede & Another v Ethiopia
African Commission on Human and Peoples' Rights; Rule of law, judicial independence, right to property
ZLHR and SAHRIT v Zimbabwe
African Commission on Human and Peoples' Rights; Shelter, health and education
Europe
Abu Zubaydah v Lithuania
European Court of Human Rights; Liberty & security, extraordinary rendition, torture, cruel, inhuman and degrading treatment, private life, family, remedies
Abu Zubaydah v Poland
National courts; Extraordinary rendition, torture, unlawful detention
Aghdgomelashvili and Japaridze v Georgia
European Court of Human Rights; Homophobic ill-treatment, arbitrary strip searches, discrimination, failure to investigate
Al-Skeini and Others v the United Kingdom
European Court of Human Rights; Extra-territorial applicability of human rights law, life, effective remedy, cruel and inhuman treatment, torture
Babar Ahmad and Others v the United Kingdom
European Court of Human Rights; Extradition, non-refoulement, solitary confinement, inhuman and degrading treatment
Baltasar Garzón v Spain
European Court of Human Rights; Judicial independence, rule of law
Baysakov and Others v Ukraine
European Court of Human Rights; Extradition, fair hearing, torture, inhuman and degrading treatment
Boumediene and Others v Bosnia and Herzegovina
European Court of Human Rights; Liberty and security, extraordinary rendition, cruel and inhuman treatment
Catan and 27 Others v Moldova and Russia, Caldare and 42 Others v Moldova and Russia and Cercavschi and 98 Others v Moldova and Russia
European Court of Human Rights; Discrimination, education, family life, privacy, remedies
Câmpeanu v Romania
European Court of Human Rights; Disability, right to life, health
Cazacliu v Romania
European Court of Human Rights; Eviction, education, children
DD v Lithuania
European Court of Human Rights; Disability, access to justice
DH and Others v Czech Republic
European Court of Human Rights; Education, children, equality
D.J. v Croatia
European Court of Human Rights; Sexual violence, secondary victimisation, private life, rape, positive obligation on state to investigate and prosecute
Dordevic v Croatia
European Court of Human Rights; Disability hate crime, states' obligations
El-Masri v the former Yugoslav Republic of Macedonia
European Court of Human Rights; Extraordinary rendition, extradition, deportation, torture, detention
Farcas v Romania
European Court of Human Rights; Disability, fair hearing, positive obligations
Finogenov & Ors v Russia
European Court of Human Rights; Life; health
Gauer v France
European Court of Human Rights; Disability, discrimination, sterilisation, informed consent, torture, gender based violence
Garayev v Azerbaijan
European Court of Human Rights; Liberty and security, torture, extradition, remedies
H v Finland
European Court of Human Rights; Equality, discrimination, sex; gender identity; family life; marriage
Identoba and Others v Georgia
European Court of Human Rights; LGBT, Equality, Freedom of Assembly, Positive Obligations, Deprivation of Liberty, Freedom of Expression, Degrading Treatment, Private Life
INTERIGHTS v Croatia
European Committee of Social Rights; Health, education, children, private life
INTERIGHTS v Greece
European Committee of Social Rights; Housing, discrimination, minorities
Izevbekhai v Ireland
European Court of Human Rights; Cruel, inhuman or degrading treatment, equality, torture, movement (relocation)
Jones v Saudi Arabia
House of Lords, United Kingdom; Torture, cruel or inhuman treatment, state immunity, remedies
Jones v UK, Mitchell & Ors v UK
European Court of Human Rights; Torture, cruel or inhuman treatment, state immunity, remedies
KAOS GL v Turkey
European Court of Human Rights; Discrimination, expression, sexual orientation
Kawogo v the United Kingdom
European Court of Human Rights; Migrant domestic workers, trafficking, vulnerability, gender issues, positive obligations on states to protect
Kiyutin v Russia
European Court of Human Rights; Discrimination, HIV, immigration, family
Lautsi v Italy
European Court of Human Rights; Education, religion
Malacu and others v Romania (the Poiana Mare Hospital case)
European Court of Human Rights; Disability, health, inhuman and degrading treatment, right to life
Maskhadovy v the Russian Federation
European Court of Human Rights; Right to life, right to private and family life, freedom of religion
Mikayil Mammadov v Azerbaijan
European Court of Human Rights: Right to life, investigation
Nachova & Others v Bulgaria
European Court of Human Rights; Discrimination
Oganezova v Armenia
European Court of Human Rights; LGBT, discrimination, positive obligations, degrading treatment, private life
Opuz v Turkey
European Court of Human Rights; Right to life, degrading treatment, effective remedy, discrimination
Orsus v Croatia
European Court of Human Rights; Education
R (on the application of Al Skeini and Others) v the Secretary of State for Defence
House of Lords, United Kingdom; Liberty and security, life, effective remedy, cruel and inhuman treatment, torture, extra-territorial applicability
R v the former Yugoslav Republic of Macedonia
European Court of Human Rights; Gender identity; equality
Ramzy v The Netherlands
European Court of Human Rights; Torture, inhuman and degrading treatment, non-refoulement
Rantsev v Cyprus and Russia
European Court of Human Rights; Trafficking, positive obligations of states
Stanev v Bulgaria
European Court of Human Rights; Disability, liberty, community living
Tysiac v Poland
European Court of Human Rights; Private life, family life, health, effective remedy, women
Vejdeland v Sweden
European Court of Human Rights; Expression, sexual orientation
Other
Gretel Artavia Murillo and Others ('Fecundacion In Vitro') v Costa Rica
Inter-American Court of Human Rights; Bans and restrictions on assisted reproduction techniques, right to respect for private life, right to life, positive obligation on state to demonstrate proportionality of interference
Mohamed et al v Jeppesen Dataplan, Inc
US Supreme Court; Torture, cruel, inhuman or degrading treatment, enforced disappearance, extraordinary rendition, due process
Qablan and others v Commander of the Military Forces in the Occupied Territories
Supreme Court of Israel; Movement, family, children, discrimination