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Showing posts from April, 2025

The Swiss authorities failed in their positive obligation to protect the life of a woman from violence by her partner (ECtHR)

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In the case of N.D. v. Switzerland, the European Court of Human Rights held that there had been a violation of the right to life in a case involving violence against a woman by her partner. The applicant, who had been unaware of her partner’s criminal record, was kidnapped by him from her home after informing him that she wished to end their relationship. She was then falsely imprisoned over an 11-hour period and subjected to rape and ill-treatment. To this day, the applicant suffers from the psychological after-effects of the treatment inflicted on her. The Court found that the authorities had not done all that could reasonably have been expected of them to avert the real and immediate risk to the applicant’s life, of which they had been or ought to have been aware. It noted that there had been neither an adequate assessment of the risk to the applicant’s life nor operational measures which might have had a real chance of altering the course of events or mitigating the da...

Arrest warrants issued by the United Kingdom: a hardening of the conditions for release on licence does not, in principle, preclude the surrender of the requested person

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In its Judgment in Case C-743/24 [Alchaster II] [1] as regards the arrest warrants issued by the United Kingdom, the Court of Justice ruled that a hardening of the conditions for release on licence does not, in principle, preclude the surrender of the requested person. Such hardening does not, in principle, amount to the imposition of a heavier penalty than the one initially provided for.  The Supreme Court of Ireland, for the second time, is referring a question to the Court of Justice in a case in which the Irish authorities question whether a person suspected of having committed a series of criminal offences in the United Kingdom should be surrendered to the latter State under the relevant provisions of the Trade and Cooperation Agreement (TCA) [2] between the European Union and the United Kingdom.  A District Judge of the Magistrates’ Courts of Northern Ireland (United Kingdom) issued four arrest warrants in respect of a person suspected of having committed terrorism-relat...