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Tag Archives: European Court of Human Rights (ECHR)

European Court of Human Rights Takes on Extraditions to the U.S.: Trabelsi v. Belgium

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Friday, September 5, 2014 at 7:06 AM

The European Court of Human Rights released its opinion in the case of Trabelsi v. Belgium on yesterday, holding that by extraditing Nizar Trabelsi to the United States, where he possibly faced an irreducible life sentence, Belgium had violated Trabelsi’s rights under Article 3 of the European Convention on Human Rights (which states that “[n]o . . .
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The NSA Meets International Law: Advantage US?

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Thursday, January 30, 2014 at 3:00 PM

While NSA critics including David Cole have asserted that the Section 702 program is inconsistent with international privacy norms, the reality is far more complex.  As I explain in a forthcoming Fordham Law Review article, European courts have upheld national security surveillance programs with striking similarities to U.S. practice.  Indeed, the FISC’s role actually makes . . .
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UK Considers Withdrawing from European Convention on Human Rights

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Sunday, April 28, 2013 at 1:03 PM

In mid-March, I noted a speech by Home Secretary Theresa May, in which she advanced the idea that the UK should consider withdrawing from the European Convention on Human Rights.  As I noted then, the European Court on Human Rights had, again, blocked the deportation of Abu Qatada to Jordan.  Qatada, who is considered by . . .
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Drone Strikes, the UN Special Rapporteur Investigation, and the Duty to Investigate

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Friday, January 25, 2013 at 11:14 AM

[Update – I’ve clarified some points below, at the bottom, in response to reader feedback] Ben Emmerson QC is a British human rights law specialist who currently serves as the UN Human Rights Council’s “Special Rapporteur on Counter-Terrorism and Human Rights” (this poisition is one of several dozen thematic or country-specific investigative entities set up by . . .
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El-Masri Awarded Damages by ECHR

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Thursday, December 13, 2012 at 10:22 AM

The European Court of Human Rights (“ECHR”) today held that Macedonia had violated the rights of  Khaled El-Masri.  In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspect, and then, among other things, allegedly taken to Afghanistan—where he was interrogated and abused by the CIA.  The gist of the Strasbourg-based court’s ruling . . .
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