24 November 2011

Russia guilty of violations of human rights concerning men unlawfully detained in solitary confinement in Transdnistria

On 15 November 2011, the European Court of Human Rights issued its judgment in the case of Ivanţoc and Others v. Moldova and Russia, following up on the case of Ilaşcu and Others v. Moldova and Russia.

The case concerned the continued detention of two men in the unrecognised state known as the ‘Moldovan Republic of Transdnistria’ (MRT) for terrorist activities allegedly committed during the Transdniestrian armed conflict of 1991-1992, despite the 2004 Ilaşcu judgment holding that Russia and Moldova should ensure their immediate release. They were ultimately released in June 2007. The current case concerned the men’s continued detention after 8 July 2004 as well as restrictions on contact with their family.

The Court found that Russia has violated Articles 3 (prohibition of inhuman or degrading treatment or punishment), 5 (right to liberty and security), 13 (right to an effective remedy) and 8 (right to respect for correspondence and private and family life). No violations were found against Moldova.

Source: http://cmiskp.echr.coe.int

8 July 2011

Judgments against the United Kingdom concerning Iraq

In its Grand Chamber judgment in Al-Skeini and Others v. the United Kingdom, the Court decided that the United Kingdom was required to investigate the deaths of six civilians killed in Iraq in 2003 in incidents involving British soldiers. The Court also delivered its Grand Chamber judgment in Al-Jedda v. the United Kingdom, in which it opined that the three-year internment of an Iraqi civilian by the British forces in Iraq had breached the Convention. In para. 80 of the latter case, dual or multiple attribution of the same conduct to the UN and a State was held to be possible. More information about these cases can be found in a blogpost on EJIL: Talk! by Marko Milanovic.

Source: http://www.echr.coe.int

4 April 2011

The MSS Case: Shifting Burdens and Evading Responsibilities?

The European Court of Human Rights issued a landmark ruling in the case of M.S.S. v. Belgium and Greece on 21 January 2011. The case concerned the expulsion of an asylum seeker to Greece by the Belgian authorities in application of European asylum law. Not only is this judgment extraordinarily rich, it also exposes serious flaws in the current European asylum regime.

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