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CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
committed by them. In their view, it was absurd to say that where a local
government had a democratic mandate, any outside power that supported it
became responsible for its human rights abuses.
B. The Court’s assessment
1. General principles relevant to jurisdiction under Article 1 of the
Convention
102. Article 1 of the Convention reads as follows:
“The High Contracting Parties shall secure to everyone within their jurisdiction the
rights and freedoms defined in Section I of [the] Convention.”
103. The Court has established a number of clear principles in its caselaw under Article 1. Thus, as provided by this Article, the engagement
undertaken by a Contracting State is confined to “securing” (“reconnaître”
in the French text) the listed rights and freedoms to persons within its own
“jurisdiction” (see Soering v. the United Kingdom, 7 July 1989, § 86, Series
A no. 161; Banković and Others v. Belgium and Others [GC] (dec.), no.
52207/99, § 66, ECHR 2001- XII). “Jurisdiction” under Article 1 is a
threshold criterion. The exercise of jurisdiction is a necessary condition for
a Contracting State to be able to be held responsible for acts or omissions
imputable to it which give rise to an allegation of the infringement of rights
and freedoms set forth in the Convention (see Ilaşcu and Others v. Moldova
and Russia [GC], no. 48787/99, § 311, ECHR 2004-VII; Al-Skeini and
Others v. the United Kingdom [GC], no. 55721/07, § 130, 7 July 2011).
104. A State’s jurisdictional competence under Article 1 is primarily
territorial (see Soering, cited above, § 86; Banković, cited above, §§ 61; 67;
Ilaşcu, cited above, § 312; Al-Skeini, cited above § 131). Jurisdiction is
presumed to be exercised normally throughout the State’s territory (Ilaşcu,
cited above, § 312; Assanidze v. Georgia [GC], no. 71503/01, § 139, ECHR
2004-II). Conversely, acts of the Contracting States performed, or producing
effects, outside their territories can constitute an exercise of jurisdiction
within the meaning of Article 1 only in exceptional cases (Banković, cited
above, § 67; Al-Skeini, cited above § 131).
105. To date, the Court has recognised a number of exceptional
circumstances capable of giving rise to the exercise of jurisdiction by a
Contracting State outside its own territorial boundaries. In each case, the
question whether exceptional circumstances exist which require and justify
a finding by the Court that the State was exercising jurisdiction extraterritorially must be determined with reference to the particular facts
(Al-Skeini, cited above, § 132).
106. One exception to the principle that jurisdiction under Article 1 is
limited to a State’s own territory occurs when, as a consequence of lawful or