Case Law

violations of Article 3: failure to effectively investigate allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8, violations of Article 6 § 1 (right to a fair trial within a reasonable time), and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty) because Romania had assisted in Mr Al Nashiri’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.

31 May 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Romania - Saudi Arabia - United States of America

violations of Article 3 (prohibition of torture) of the European Convention on Human Rights, because of the Government’s failure to effectively investigate Mr Husayn’s allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; and violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy), in conjunction with Article 3.

31 May 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Lithuania - Palestine, State of - United States of America

20 January 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Jurisdiction | Countries: Australia - Ghana

8 November 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Jurisdiction - Persecution based on political opinion - Political parties - Returnees - Single heads of household - Social group discrimination - Social group persecution - Women-at-risk | Countries: Australia - Malaysia - Zimbabwe

8 October 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Baha'i - Credibility assessment - Freedom of religion - Jurisdiction - Religious discrimination - Religious persecution (including forced conversion) - Sunni | Countries: Australia - Lebanon

7 October 2015 | Judicial Body: Pakistan: Supreme Court | Topic(s): Jurisdiction - Laws relating to religion - Rule of law / Due process / Procedural fairness | Countries: Pakistan

20 July 2015 | Judicial Body: New Zealand: Supreme Court | Topic(s): 1951 Refugee Convention - Appeal / Right to appeal - Climate change (including environmental migrants) - Convention on the Rights of the Child (CRC) - Denial of refugee status - International Covenant on Civil and Political Rights (ICCPR) - Jurisdiction - Livelihoods - Refugee / Asylum law - Right to family life | Countries: Kiribati - New Zealand

9 June 2015 | Judicial Body: United States Court of Appeals for the Sixth Circuit | Topic(s): Appeal / Right to appeal - Convention against Torture (CAT) - Jurisdiction - Persecution based on political opinion - Political asylum - Refugee / Asylum law - Rule of law / Due process / Procedural fairness | Countries: Mauritius - United States of America

30 October 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Abduction - Acts of persecution - Arbitrary arrest and detention - Immunity - Jurisdiction | Countries: Libya - Morocco - United Kingdom of Great Britain and Northern Ireland

15 October 2014 | Judicial Body: Australia: Federal Circuit Court | Topic(s): Jurisdiction - Rule of law / Due process / Procedural fairness | Countries: Australia