Extradition

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The Trilateral Agreement between Turkey, Finland and Sweden and the Silence of Human Rights: The Need to Apply the MoU in Light of Human Rights and Refugee Law Protections  

On 28 June, 2022, leaders of Turkey, Finland and Sweden met in Madrid to agree on a trilateral agreement that paves the way for Finland and Sweden’s NATO membership. The Memorandum of Understanding (MoU) that resulted from the meeting contains concrete commitments by Finland and Sweden to cooperate with Turkey in the fields of counter-terrorism, organised crime and threats to national security. The commitments, as outlined in the MoU, include adopting new national regulatory frameworks for arms exports, supporting Turkey’s involvement in the initiatives of the European Union's Common Security and Defence Policy, including the PESCO Project on Military Mobility, fighting ‘disinformation’, and judicial cooperation in matters of counter-terrorism, in particular regarding groups or individuals affiliated to the outlawed Kurdistan Workers' Party or Partiya Karkerên Kurdistan (PKK). This post will focus on this last point, and will highlight some critical aspects of the MoU where it fails to make any reference to human rights and refugee law safeguards when considering deportation or extradition requests.

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The Waiver of Immunity of Catalan MEPs: Reintroducing Politics in EU Extradition Law

On 8 March 2021, the European Parliament voted to lift the immunity of Catalan MEPs, Puigdemont, Comin and Ponsati. Although this long-lasting saga is far from being over as Puigdemont already announced his intention to bring the case before the CJEU on procedural grounds, this decision would theoretically enable Spanish authorities to resume the European arrest…

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Humanitarian Victory for Assange

On 4 January 2021, the British judge Vanessa Baraitser of the Westminster Magistrates Court in London rejected the request to extradite Julian Assange to the United States in a solid 132-page judgment. This does not mean that the WikiLeaks founder has regained his freedom, however: his bail application was likewise rejected two days later on the…

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M.N. and Others v Belgium: no ECHR protection from refoulement by issuing visas

 With its inadmissibility decision in M.N. and Others v Belgium delivered on 5 May 2020, the Grand Chamber of the ECtHR made it clear that individuals who apply for visas at embassies with the intention to seek protection, do not fall within the jurisdiction of the ECHR State Parties in the sense of Article 1 ECHR. As…

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Romeo Castaño v Belgium and the Duty to Cooperate under the ECHR

With a judgment of 9 July 2019, in the case of Romeo Castaño v Belgium, the second section of the European Court of Human Rights (the Court) held unanimously that Belgium had fallen short of its procedural obligations under article 2 of the Convention for failing to cooperate with the Spanish authorities in securing the surrender of…

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