
European Court of Human Rights’ judgment inconsistent with refugee law
The ICJ expresses its disappointment today at the judgment of the European Court of Human Rights in the case of M.E. v. Sweden (Application No. 71398/12).
The ICJ expresses its disappointment today at the judgment of the European Court of Human Rights in the case of M.E. v. Sweden (Application No. 71398/12).
The European Court of Human Rights granted permission to the AIRE Centre, ILGA-Europe and the ICJ for a third-party intervention in the case of Pavla Sabalić v. Croatia (Application No. 50231/13).
The ICJ and Amnesty International presented a third party intervention in the case Abu Zubaydah v. Lithuania before the European Court of Human Rights.
In the third party intervention, the ICJ and AI outlined developments on the knowledge imputable to Contracting Parties at relevant times; on the obligations attached to principle of non-refoulement; on the duty to investigate credible allegations of human rights violations and other procedural obligations; and on the human rights violations that detainees previously held in the USA’s secret detention and rendition programmes are currently enduring.
Abu_Zubaydah_v_Lithuania-ICJAIJointSubmission-ECtHR-final (download the third party intervention)
The ICJ and Amnesty International presented a third party intervention in the case Al Nashiri v Romania before the European Court of Human Rights.
In the third party intervention, the ICJ and AI outlined developments on the prohibition of arbitrary deprivation of liberty as a rule of customary international law; on the knowledge imputable to Contracting Parties at relevant times; on the duty to investigate credible allegations of human rights violations and the right to truth; and on the evidential approach to enforced disappearances.
AlNashiri_v_Romania-ICJAIJointSubmission-ECtHR-final (download the third party intervention
The ICJ and Amnesty International presented additional observations in the case Al Nashiri v Poland before the European Court of Human Rights.
In their supplementary third party intervention, the ICJ and AI outlined developments in light of the case El-Masri v the Former Yugoslav Republic of Macedonia on enforced disappearances, on diplomatic representations in light of the Grand Chamber’s findings on responsibility for violations outside the jurisdiction, on the gross human rights violations that detainees previously held in the USA’s secret detention and rendition programme are currently enduring, and on relevance of the Grand Chamber’s observations in El-Masri in relation to any potential resort to ex parte materials and procedures.
Poland-ICJAI-SupplAmicusBrief-AlNashiri v Poland-legal submission-2013 (download the third party intervention)
The ICJ and Amnesty International presented a third party intervention in the case Al Nashiri v Poland before the European Court of Human Rights.
In the third party intervention, the ICJ and AI outlined developments on the principle of non-refoulement, on the human rights obligations in breach in the practice of “renditions” and “secret detention”, on enforced disappearances, on the international law of state responsibility both for human rights violations occuring on the territory of a High Contracting Party committed by another State and following return of a person to a third State, and the right to a remedy and to reparation.
ECtHR-ICJAI-AmicusBrief-AlNashiri_v_ Poland-2012 (download the third party intervention)