Right to Life

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The European Court’s Admissibility Decision in Al-Saadoon

Today a Chamber of the European Court of Human Rights made public its admissibility decision in Al-Saadoon and Mufdhi v. United Kingdom, App. No. 61498/08, a very important case. In brief, the facts are these: the applicants were detained by UK forces in Iraq, and first complained to English courts, and then to the European Court, that their requested transfer to Iraqi authorities would violate the non-refoulement obligations of the UK, inter alia under Art. 2 ECHR, as there was a serious risk that they would be subjected to the death penalty. The first issue to be decided in the case is whether the ECHR applies extraterritorially to the applicants, i.e. whether the applicants could be said to fall within the UK's jurisdiction within the meaning of Art. 1 ECHR. The Chamber found that the applicants were within the UK's jurisdiction, and declared the application admissible. But first, some background.

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The European Court on Domestic Violence

Today the European Court of Human Rights delivered an important judgment dealing with domestic violence in Turkey. The case is Opuz v. Turkey, Application no. 33401/02, 9 June 2009. The Court found violations of Articles 2 and 3 ECHR, because Turkey failed to fulfill its due diligence obligations to do all that it could have reasonably done…

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