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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Décision N° 402242

If acts of a terrorist nature may fall under Article 1 (b) of the Geneva Convention, terrorist acts of an international scale in terms of seriousness, international impact and implications for peace and international security may also amount to acts contrary to the purposes and principles of the United Nations within the meaning of Article F (c). In assessing whether there are serious reasons to consider that such an act has been committed, its gravity in relation to its international effects has to be examined.

11 April 2018 | Judicial Body: France: Conseil d'Etat | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses - Terrorism | Countries: France - Turkey

AFFAIRE M.A. c. FRANCE (Requête no 9373/15)

- the expulsion of the applicant, whose conviction for terrorist offences had been known to the Algerian authorities, had exposed him to a real and serious risk of treatment contrary to Article 3. - French authorities deliberately created a situation whereby the applicant would have great difficulty in submitting a request for an interim measure to the Court, and had lowered the level of protection under Article 3 of the Convention. - acutely aware of the extent of the danger posed to the community by terrorism and that it was legitimate for Contracting States to take a very firm stand against those who contributed to terrorist acts.

1 February 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Terrorism - Torture | Countries: Algeria - France

CASE OF X v. SWEDEN (Application no. 36417/16)

Execution of judgment: http://hudoc.exec.coe.int/ENG?i=004-49349

9 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - National security / Public order - Terrorism | Countries: Morocco - Sweden

Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani

31 January 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1951 Refugee Convention | Topic(s): Exclusion clauses - Terrorism | Countries: Belgium - Morocco

Verwaltungsgerichtshof Baden-Wuerttemberg, Urteil vom 02.03.2016

2 March 2016 | Judicial Body: Germany: Verwaltungsgericht | Topic(s): Kurd - Terrorism | Countries: Germany - Turkey

AATA Case No. 1314268

9 December 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Freedom of religion - Hazara - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Shia - Terrorism | Countries: Afghanistan - Australia

Sentencia No. 22-2007

24 August 2015 | Judicial Body: El Salvador: Corte Suprema de Justicia | Topic(s): Anti-terrorism law - Constitutional law - Terrorism | Countries: El Salvador

H. T. v Land Baden-Württemberg

24 June 2015 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Expulsion - Kurd - National security / Public order - Refugees - Residence permits / Residency - Terrorism | Countries: Germany - Turkey

Ouabour c. Belgique

2 June 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Effective remedy - Freedom from torture, inhuman and degrading treatment - Terrorism | Countries: Belgium - Morocco

Fawwaz v Secretary of State for the Home Department

2 March 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Opposition - Terrorism | Countries: Saudi Arabia - United Kingdom of Great Britain and Northern Ireland

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