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

Application for judicial review.

17 September 2010 | Judicial Body: New Zealand: High Court | Topic(s): Benefit of the doubt - Credibility assessment - Jurisdiction - Persecution based on political opinion - Prosecution vs persecution | Countries: New Zealand - Romania

Application for judicial review.

24 August 1999 | Judicial Body: Australia: Federal Court | Topic(s): Constitutional law - Effective remedy - International protection - Jurisdiction | Countries: Australia - Romania