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Administration of justice / Jurisdiction

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M.N. and Others against Belgium (Application no. 3599/18) Grand Chamber Decision

The Court reiterated that Article 1 (obligation to respect human rights) of the European Convention limited its scope to persons within the jurisdiction of the States Parties to the Convention. In the present case, it noted that the applicants were not within Belgium’s jurisdiction in respect of the circumstances complained of under Articles 3 and 13 of the Convention. The Court also considered that Article 6 § 1 of the Convention was inapplicable in the present case. The entry to Belgian territory which would have resulted from the visas being issued did not engage a “civil” right within the meaning of Article 6 § 1. Lastly, the Court noted that this conclusion did not prejudice the endeavours being made by the States Parties to facilitate access to asylum procedures through their embassies and/or consular representations.

5 May 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Decision on admissibility - Effective remedy - Jurisdiction - Visas | Countries: Belgium - Lebanon - Syrian Arab Republic

Al Nashiri v. Romania (application no. 33234/12)

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 | Document type: Case Law | 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

Abu Zubaydah v. Lithuania (application no. 46454/11)

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 | Document type: Case Law | 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

World Report 2017 - Jordan

12 January 2017 | Publisher: Human Rights Watch | Document type: Annual Reports

Swift approval of Guatemala's justice reform bill an 'historic' opportunity to fight impunity – UN rights office

7 October 2016 | Publisher: UN News Service | Document type: Country News

Libya: As situation worsens, UN envoy calls for pause in fighting near Benghazi

6 October 2016 | Publisher: UN News Service | Document type: Country News

AATA Case No. 1514968

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

Central African Republic: ICC Prosecutor warns against election-related violence, atrocity crimes

23 December 2015 | Publisher: UN News Service | Document type: Country News

AATA Case No. 1501978

8 November 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Document type: Case Law | 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

AATA Case No. 1501959

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

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