Comments on: The European Court’s Admissibility Decision in Al-Saadoon http://www.ejiltalk.org/the-european-courts-admissibility-decision-in-al-saadoon/ Blog of the European Journal of International Law Thu, 09 Feb 2012 00:55:12 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Marko Milanovic http://www.ejiltalk.org/the-european-courts-admissibility-decision-in-al-saadoon/comment-page-1/#comment-535 Marko Milanovic Sat, 07 Nov 2009 14:53:01 +0000 http://www.ejiltalk.org/?p=1252#comment-535 Saloon, No, that would not be correct. The (alleged) violation by the UK of the ECHR non-refoulement obligation was completed at the moment Al-Saadoon and Mudfhi were surrendered to Iraqi authorities. If at that moment in time there was a serious risk that their human rights would be violated in Iraq, it is irrelevant that risk did not actually materialize after their surrender. The question remains, of course, whether such serious risk actually existed at the relevant time, and this is a question for the merits. Saloon,

No, that would not be correct. The (alleged) violation by the UK of the ECHR non-refoulement obligation was completed at the moment Al-Saadoon and Mudfhi were surrendered to Iraqi authorities. If at that moment in time there was a serious risk that their human rights would be violated in Iraq, it is irrelevant that risk did not actually materialize after their surrender. The question remains, of course, whether such serious risk actually existed at the relevant time, and this is a question for the merits.

]]> By: Saloon http://www.ejiltalk.org/the-european-courts-admissibility-decision-in-al-saadoon/comment-page-1/#comment-534 Saloon Sat, 07 Nov 2009 13:47:37 +0000 http://www.ejiltalk.org/?p=1252#comment-534 Am I correct in thinking that now that Al-Saadoon and Mufdhi's case got dismissed in Iraq that this case will not heard on its merits in the ECtHR? Am I correct in thinking that now that Al-Saadoon and Mufdhi’s case got dismissed in Iraq that this case will not heard on its merits in the ECtHR?

]]> By: Marko Milanovic http://www.ejiltalk.org/the-european-courts-admissibility-decision-in-al-saadoon/comment-page-1/#comment-310 Marko Milanovic Sat, 04 Jul 2009 06:32:02 +0000 http://www.ejiltalk.org/?p=1252#comment-310 Toby, that's what the 'edit' function is for :). Fixed. Great post as well. Toby, that’s what the ‘edit’ function is for :) . Fixed. Great post as well.

]]> By: Tobias Thienel http://www.ejiltalk.org/the-european-courts-admissibility-decision-in-al-saadoon/comment-page-1/#comment-309 Tobias Thienel Fri, 03 Jul 2009 22:19:42 +0000 http://www.ejiltalk.org/?p=1252#comment-309 Marko, first, thank you again for citing to my posts. Also, apologies for what's to come: - shameless self-promotion: I have just written about the decision at the Invisible College. I very largely agree with you, as usual. - nit-picking: you spell my name slightly wrongly. Never mind, you're hardly the first; not by a very, very long way. Also, I have reciprocated; no 'accent' on the last letter of your name in my post... Marko,

first, thank you again for citing to my posts. Also, apologies for what’s to come:

- shameless self-promotion: I have just written about the decision at the Invisible College. I very largely agree with you, as usual.

- nit-picking: you spell my name slightly wrongly. Never mind, you’re hardly the first; not by a very, very long way. Also, I have reciprocated; no ‘accent’ on the last letter of your name in my post…

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