Tag Archives: European Court of Human Rights

24 January 2013

Update – The Dutch Courts and Asylum at the ICC: From Shared Obligations to Obligations of No One

In October 2012, the SHARES Blog carried a post that discussed a September Dutch Court decision concerning the on-going asylum situation at the ICC. Since then there are have been two important developments: the matter has been taken to the European Court of Human Rights (ECtHR) and the original Dutch decision has been overturned on appeal. (more…)

16 March 2012

European Ombudsman opens inquiry into Frontex’s respect for human rights

The European Ombudsman, P. Nikiforos Diamandouros, has opened an inquiry into how Frontex implements its fundamental rights obligations. Frontex is an EU agency based in Warsaw that assists EU Member States in the field of border security. The inquiry follows concerns voiced by civil society that Frontex would be ‘complicit’ in the violation of human rights, in particular because of its cooperation with Greece, where migrants are, according to the European Court of Human Rights, systematically treated in violation of human rights. One of the questions asked by the Ombudsman to Frontex is which party, Frontex and/or the Member State, is responsible for possible failures to respect fundamental rights in joint operations of border control. Further, the Ombudsman wants to know whether Frontex envisages the establishment of a mechanism by which migrants may complain to Frontex about possible human rights violations. The Ombudsman has asked Frontex to submit an opinion by 31 May 2012. The letter which opens the inquiry can be found here.

Source: European Ombudsman | Ombudsman investigates Frontex’s fundamental rights implementation

11 February 2012

The Activity of the European Court of Human Rights in 2011

On 26 January 2012 the European Court of Human Rights (ECtHR) held its annual press conference.  On this occasion, Sir Nicolas Bratza, the President of the Court, presented a summary of the Court’s activities and its statistics for 2011. Among others he said that the European governments must assume their part of the shared responsibility for the protection of human rights across the continent. The 2011 Annual Report of the ECtHR can be accessed here.

Source: ECHR | Annual Report 2011

7 February 2012

Who’s responsible for protecting terrorist suspects?

In its recent judgment in Othman, the European Court of Human Rights held that the United Kingdom could not expel a Muslim cleric suspected of ties to Al-Qaeda to Jordan. The judgment is of interest for our SHARES project, as the Court on the one hand cautions against international cooperation in the sphere of extradition of terrorist suspects – stressing the responsibilities under human rights law of expelling States – but on the other hand urges States that definitely wish to expel or extradite to do so only in close cooperation with receiving States so as to protect against maltreatment and to ensure a fair trial.

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2012

Things Could Only Get Better: Al-Jedda Beyond Behrami

Francesco Messineo

In July 2011, the Grand Chamber of the European Court of Human Rights (ECtHR) held in Al-Jedda v. United Kingdom (link) that the UK was responsible for the misconduct of its troops deployed as part of the UN-authorized Multinational Force in … Read more

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