In I.K. v. Austria, ECtHR Prohibits Deportation of Russian National Due to Risk of Collective Punishment against Those with Ties to Alleged Chechen Separatists

Last week, the European Court of Human Rights (ECtHR) announced its decision in the case of I.K. v. Austria, app. no. 2964/12, Judgment of 28 March 2013, in which the court considered the conventionality of Austria’s denial of asylum to a Russian national of Chechen origin whose father had worked for former Chechen separatist leader Aslan Maskhadov.  The court held, unanimously,

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ECHR in Emre 2: Swiss Courts' Reduction of Immigration Ban from Indefinite to 10 Years Still Not in Compliance with Convention

In 2008, the European Court of Human Rights held that Switzerland’s decision to ban an  immigrant from the country indefinitely violated his right to protection of private and family life (Article 8), when that decision was based on his criminal convictions (some committed as a juvenile), and did not take into account his health problem, personal and family ties in

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Ninth Circuit Holds that Prolonged Detention of Immigrants Pursuing Motions to Reopen Must Be Reviewed by Immigration Judge

On March 7, 2011, the U.S. Court of Appeals for the Ninth Circuit ruled in Diouf v. Napolitano that an immigrant facing long-term detention pending resolution of their motions to reopen immigration proceedings is “entitled to release on bond unless the government establishes that he  is a flight risk of a danger to the community.”  In so holding, the appellate court

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Private Prison Industry Played A Heavy Hand in Arizona Immigration Law, NPR Reports

NPR reports that controversial Arizona immigration law S.B. 1070 was drafted and lobbied for in significant part by the private prison industry, through conservative organization the American Legislative Exchange Council, which brings together members of industry and politicians, including Corrections Corporation of America (CCA) and Arizona State Sen. Russell Pearce. [Salt Lake City Weekly]  CCA, the country’s largest private prison

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2010 in Review: IACHR Merits Reports

The Inter-American Commission on Human Rights has published two merits reports so far this year, having to do with deportation of non-citizens without consideration for humanitarian factors (against the United States) and impunity in the death of a journalist (against Brazil).  In addition to the two merits reports, the Inter-American Commission on Human Rights has published thirty-six favorable admissibility decisions,

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News Clips – October 25, 2010

The Inter-American Commission on Human Rights begins holding hearings today in its 140th Period of Sessions.  Issues to be discussed today include the Situation of Environmentalists in Mesoamerica, and Discrimination against the Transsexual, Transgender, and Transvestite Population in Brazil.  See the week’s schedule of hearings here.  Webcast of some hearings is available here. The role of humanitarian aid in contributing

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News Clips – October 3, 2010

In Ecuador, a state of emergency remains in place following last week’s uprising of members of the military against President Correa’s government, prompting human rights defenders to call for a quick restoration of full civil liberties. [CEJIL] The Inter-American Commission on Human Rights condemned the attack against Correa. [IACHR] Germany today commemorates 20 years of reunification and will use its

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News Clips – September 20, 2010

In a heartbreaking blow to Afghan hopes for peace, several U.S. soldiers are under investigation for murdering at least three Afghan civilians last year as part of a rogue “kill team” that was allegedly formed when a staff sergeant who had served in Iraq in 2004 joined the platoon stationed in Kandahar province. [Washington Post] The French Senate has approved

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