The Role and Limits of the European Court of Human Rights in Supervising State Security and Anti-Terrorism Measures Affecting Aliens' Rights
TERRORISM AND THE FOREIGNER, pp. 85-120, A. Baldaccini, E. Guild, eds., Martinus Nijhoff Publishers, 2007
39 Pages Posted: 24 Oct 2011
Date Written: October 24, 2011
The European Court of Human Rights’ case-law has proved that it has the capacity to act as a strong and resistant bulwark against European States unwilling or incapable of providing effective protection to aliens charged with or suspected of terrorism-related offenses, especially when the latter are in the most vulnerable state of being subject to deportation or extradition. The paper aims to provide an overview of the relevant major case law developed so far (by 8 November 2005) by the ECtHR, pointing to its main strengths and weaknesses. The paper is divided into five sections covering five major subjects related to alien suspected of or prosecuted for acts of terrorism or of organized crime. Firstly, the right to freedom from inhuman or degrading treatment or punishment, a crucial issue that has very often arisen in forced removal (deportation or extradition) proceedings; secondly, the decisive right to liberty and security of terrorism-suspect aliens, especially in States initiating forced removal proceedings; thirdly, the particularly thorny question concerning the right to a ‘fair trial’ of these aliens both in the removing and in the receiving States; fourthly, the issue of protecting these persons’ family life in the context of the ECHR; last, but not at all least, the provision of effective remedies to this special category of aliens on the domestic level, as well as on the international plane through the ECHR that frequently constitutes an ultimum remedium for the effective protection of aliens’ rights in Europe.
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