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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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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 | 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

Refugee Appeal No. 76412

31 March 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Death penalty - Freedom from torture, inhuman and degrading treatment - Jehovah's Witness - Prosecution vs persecution - Religious persecution (including forced conversion) | Countries: New Zealand - Saudi Arabia

Refugee Appeal No. 76397

8 December 2009 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Religious discrimination - Religious persecution (including forced conversion) - Right to education - Right to employment - Sexual and gender-based violence (SGBV) - Shia | Countries: New Zealand - Saudi Arabia

Refugee Appeal Nos. 73861 & 73862

30 June 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Persecution based on nationality - Persecution based on political opinion - Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Social group persecution - Statelessness | Countries: New Zealand - Saudi Arabia

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