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"The Convention establishes that a person subject to the jurisdiction of the State must have access “to a simple and prompt recourse, or any other effective recourse to a competent court or tribunal for protection against acts that violate his fundamental rights.” The Court considers that, in the instant case, the dispute between the parties is limited to two of the said characteristics related to the effectiveness of the recourse: (a) whether the alleged victim had access to a recourse, and (b) whether the competent court had the necessary powers to restore the enjoyment of his rights to the alleged victim, if it found that those rights had been violated. The Court will refer to the first of these characteristics as the “accessibility of the recourse” and to the second as the “effectiveness of the recourse.
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