Machalikashvili and Others V. Georgia: The Critical Importance of the Burden and Standard of Proof to Human Rights Adjudication

By Prof. Christopher Roberts [This post first appeared on Strasbourg Observers] Machalikashvili and Others v. Georgia concerned the killing of T.M. by members of the Counter-Terrorism Department of the State Security Service (‘SSS’) of Georgia on 26 December 2017. The precise circumstances in which this killing took place, as well as the integrity and comprehensiveness of the investigationContinue reading “Machalikashvili and Others V. Georgia: The Critical Importance of the Burden and Standard of Proof to Human Rights Adjudication”

First Thoughts on ‘Truth’ in Human Rights Adjudication

By Marie-Bénédicte Dembour, Ruwadzano Makumbe and Genaro Manrique For 18 months now, the DISSECT research project has started to explore evidence in international human rights adjudication. Focusing on the interplay between truth, power and evidence, one of its core questions is how the judicial process tries to eliminate but keeps having to deal with factualContinue reading “First Thoughts on ‘Truth’ in Human Rights Adjudication”