This presentation by D’haese Lana, Goossens Elena, Mahony Thalia and Robben Sarah was given as part of an MA examination process in the course Critical Perspectives on Human Rights. It compares two European Court of Human Rights cases involving pushbacks from Greece (ARE v Greece and GRJ v Greece), highlighting the pitfalls in the Court’s current approach to shifting the burden of proof in light of prima facie evidence. Based on Dembour and Hakiki’s model on how the shift of the burden of proof should operate (2026), it demonstrates how the Court is inconsistent in its evaluation of the prima facie standard of proof, depriving some applicants from benefiting from a lowering of the standard of proof in the face of State-suppressed evidence.
You can see the video here: https://youtu.be/H8AigXsB8yU?si=f4O1T_DfeI0kXI5G