In Nada v. Switzerland, ECHR Finds Swiss Implementation of UN Counter-Terror Sanctions Violated Rights to Respect for Private and Family Life, Effective Remedy

Yesterday, the Grand Chamber of the European Court of Human Rights issued its judgment in Nada v. Switzerland [GC], no. 10593/08, a case concerning a Swiss entry and transit ban imposed on Mr. Youssef Moustafa Nada, an Italian and Egyptian citizen,  by virtue of his inclusion in 2001 on a list of individuals and entities purportedly associated with Osama bin Laden and al-Qaeda

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ECHR Tomorrow: Hearing in Fernández Martínez v. Spain, Decisions on Medical Care in Georgia Prisons, Malta Land Rights, Turkish Army, UK Custody Death

On Tuesday, November 22, the European Court of Human Rights will hold a Chamber hearing in the case Fernández Martínez v. Spain (Application no. 56030/07) and release a number of decisions in applications against Georgia, Malta, Turkey, Azerbaijan, the United Kingdom, Spain, Montenegro and Estonia. The Fernández Martínez v. Spain case concerns the decision not to renew a Spanish priest’s

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European Commission Proposes Directive on Right to Counsel in Criminal Proceedings

The European Commission has issued the third in a series of proposals for European Parliament and Council directives to set “common minimum standards on the rights of suspects and accused persons in criminal proceedings throughout the European Union”, pursuant to a European Council resolution adopted in November 2009, and part of the Stockholm Programme.  Council Resolution 15434/09, Roadmap for Strengthening Procedural Rights

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Hristovi v. Bulgaria: Police Must Be Identifiable When Using Masks – EHCR

The European Court of Human Rights‘ judgment this week in Hristovi v. Bulgaria, App. No.42697/05, Judgment of 11 October 2011, concerned allegations of excessive force, intimidation and threats against a Bulgarian couple by armed, masked police officers who burst into their apartment to conduct an arrest and search.  The Court held that, while the applicants had not sufficiently proved the

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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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ECHR Rejects Soros' Complaint of Unfair Prosecution for Insider Trading

The European Court of Human Rights has dismissed philanthropist George Soros’ application challenging his 2002 conviction in France for insider trading. [FT]  Last September, the court declared his complaint partially admissible, admitting Soros’ allegation that the crime with which he was charged was not clearly established in French law (in violation of the nulla poena sine lege, or no ex

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ECHR Decisions in Torture Cases (Article 3) : July 2011

Cases compiled by IJRC contributor Carmi Lecker 1. Huseyn and Others v. Azerbaijan: Criminal proceedings against four opposition activists for allegedly inciting demonstrators to violence were unfair In Huseyn and Others v. Azerbaijan (application nos. 35485/05, 45553/05, 35680/05 and 36085/05), the European Court of Human Rights found the application inadmissible on the merits where the applicants’ allegations of torture and poor

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Judge Garzón Challenges Prosecution for Investigation of Franco-Era Abuses

London-based human rights organization The International Centre for the Legal Protection of Human Rights (INTERIGHTS) has filed an application with the European Court of Human Rights on behalf of Spanish judge Baltasar Garzón against the Spanish government, challenging Judge Garzón’s criminal prosecution for malfeasance, initiated by private groups in response to his judicial investigation of crimes committed under the Franco dictatorship.  [INTERIGHTS;

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