Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European Commission and the European Court of Human Rights

Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European... © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157181611X553646 European Journal of Migration and Law 13 (2011) 31–51 brill.nl/emil Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European Commission and the European Court of Human Rights Clara Burbano Herrera and Yves Haeck Netherlands Institute of Human Rights, Utrecht University, Utrecht, The Netherlands Human Rights Centre, Ghent University, Ghent, Belgium Abstract The Strasbourg case-law demonstrates a clear tendency to protect aliens through interim measures in case of imminent deportation. Usually but not uniquely those persons claim(ed) before the supervisory organs to be in a situation of extreme gravity in case of forcible return to their country of origin because they can be subject to the death penalty, life imprisonment, persecution for their political activities, deprived of medicine/adequate medical treatment. This contribution explores which typologies of cases have led the European Commission and Court to apply interim measures in those situations, as well as which rights and freedoms have been protected thereby. Keywords interim measures, aliens, expulsions, extraditions, European Court of Human Rights (ECHR) 1. Introduction Presumably one of the most effective daily instruments at the disposal of persons who run an imminent risk of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European Commission and the European Court of Human Rights

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Publisher
Martinus Nijhoff
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/157181611X553646
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157181611X553646 European Journal of Migration and Law 13 (2011) 31–51 brill.nl/emil Staying the Return of Aliens from Europe through Interim Measures: The Case-law of the European Commission and the European Court of Human Rights Clara Burbano Herrera and Yves Haeck Netherlands Institute of Human Rights, Utrecht University, Utrecht, The Netherlands Human Rights Centre, Ghent University, Ghent, Belgium Abstract The Strasbourg case-law demonstrates a clear tendency to protect aliens through interim measures in case of imminent deportation. Usually but not uniquely those persons claim(ed) before the supervisory organs to be in a situation of extreme gravity in case of forcible return to their country of origin because they can be subject to the death penalty, life imprisonment, persecution for their political activities, deprived of medicine/adequate medical treatment. This contribution explores which typologies of cases have led the European Commission and Court to apply interim measures in those situations, as well as which rights and freedoms have been protected thereby. Keywords interim measures, aliens, expulsions, extraditions, European Court of Human Rights (ECHR) 1. Introduction Presumably one of the most effective daily instruments at the disposal of persons who run an imminent risk of

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2011

Keywords: interim measures; European Court of Human Rights (ECHR); aliens; extraditions; expulsions

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