A1 ECHR

Question 1

What does A1 concern

Answer 1

Jurisdiction of ECHR

Question 2

LOIZIDOU v TURKEY 1996

Answer 2

Turkey exercised effective control over northern Cyprus via their military presence
Engages responsibility under ECHR

Question 3

CYPRUS v TURKEY 2001

Answer 3

Turkey’s responsibility derived not only from acts of own soldiers/officials but also the local administration as it had control there too

Question 4

AL-SAADOON v UK 2010

Answer 4

UK had territorial jurisdiction

Due to ‘total and exclusive control’ over an area (detention centre) not just national borders

Question 5

4 main principles for interpretation of ECHR in A1

Answer 5

1. As a living instrument -> TYER v UK 1978
2. Generous purposive interpretation
3. Margin of appreciation -> HANDYSIDE v UK (cultural appreciation)
4. Proportionality