By Irina Fehr1 and Jill Alpes2 A ‘pushback’ refers to the forcible expulsion of individuals from a country without considering their specific circumstances, denying them the chance to seek international protection, often accompanied by violence and excessive force. Although pushback practices may also constitute crimes, human rights-based pushback litigation is predominant. In this blogpost, weContinue reading “Pushing states to evidence pushbacks: Lessons from MH v. Croatia for intersecting domestic criminal law and international human rights”
Tag Archives: strasbourg
Bódi and Others v Hungary: when the Court’s focus on the volume of procedures speaks volumes about its stance on antigypsyism
By Emma Várnagy [This post first appeared on Strasbourg Observers] Introduction In this blog post, I discuss the case of Bódi and Others v Hungary (App.no.29554/17) declared inadmissible by the Court. The decision concerns the investigation of an anti-Roma hate crime with the potential involvement of a police officer. It is a disappointing decision becauseContinue reading “Bódi and Others v Hungary: when the Court’s focus on the volume of procedures speaks volumes about its stance on antigypsyism”
Scientific evidence in Strasbourg’s environmental jurisprudence through the prism of Ilva Taranto
By: Jozef Seghers* 1. Introduction Ilva Taranto is Europe’s largest steel plant, and its travails have given rise to commensurate amounts of legislation and court cases. In the past few weeks, the plant has been in the news in Italy once more, as the government wrangled with the private shareholders over yet another investment plan,Continue reading “Scientific evidence in Strasbourg’s environmental jurisprudence through the prism of Ilva Taranto”
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”
P.H. v Slovakia: When the concept of discrimination goes out the window at the Strasbourg Court*
By Emma Várnagy [This post first appeared on Strasbourg Observers] The case of P.H. v Slovakia (Application no 37574/19) is at least the eleventh case before the Strasbourg Court in which it is confronted with the mysterious fall of a person from a police station window. It is the seventh case where questions of discriminationContinue reading “P.H. v Slovakia: When the concept of discrimination goes out the window at the Strasbourg Court*”
Why the European Court of Human Rights Would Do Well to Start Using Stereotypes as Evidence – A Critique of the Strasbourg Approach to Anti-Roma Police Violence Cases
By Emma Várnagy This post is based on a paper which I am thankful to have had the opportunity to present at the ‘Critical Approaches to Romani Studies Conference’ on 18 May 2022 organized by Södertörn University and Central European University. I am also grateful to my doctoral supervisor, Marie-Bénédicte Dembour, for generously commenting onContinue reading “Why the European Court of Human Rights Would Do Well to Start Using Stereotypes as Evidence – A Critique of the Strasbourg Approach to Anti-Roma Police Violence Cases”
Russia and the Strasbourg Court: evidentiary challenges arising from Russia’s expulsion from the Council of Europe
By Anne-Katrin Speck* Introduction It has been two months since Europe woke up to the horrific news that Russia had launched a brutal invasion of neighbouring Ukraine—two months during which Ukraine has seen immeasurable suffering and destruction, and two months which have dramatically changed Europe’s human rights landscape. It is no exaggeration to state thatContinue reading “Russia and the Strasbourg Court: evidentiary challenges arising from Russia’s expulsion from the Council of Europe”