International criminal trials are often contentious in the countries where the alleged crimes took place, and participation in them can place witnesses at risk. Where the risk to a witness is particularly severe, it may not be possible for that … Read more
19 March 2013
Refoulement describes the act of removing a person to a country where he or she is in danger of being subjected to serious human rights violations. It is a well-established legal concept in refugee law as well as extradition law and codified in a range of treaties. As transpires from the recent case of Willcox and Hurford v the United Kingdom before the European Court of Human Rights, the reverse scenario may also be possible: the removal of a person from one country to another one, where the receiving country’s responsibility may be engaged on account of previous wrongful conduct in the transferring State.
The Court’s inadmissibility decision sets a human rights standard for the implementation of prisoner transfer agreements. On a more fundamental note, it raises the question whether and in what way the absolute character of Article 3 of the European Convention on Human Rights should allow for taking into account the generally beneficial purpose of Prisoner Transfer Agreements (or PTAs). (more…)
This report summarizes the presentations and following discussions from the Expert Seminar on Shared Responsibility in International Refugee Law held in Amsterdam in May 2011. The overall aim of this Expert Seminar was to map and examine principles of collective … Read more