CASE OF EL-MASRI V. REPUBLIC OF MACEDONIA - WITH A SPECIAL FOCUS TO THE VIOLATION OF THE ARTICLE 3 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Krstevska, Katerina (2016) CASE OF EL-MASRI V. REPUBLIC OF MACEDONIA - WITH A SPECIAL FOCUS TO THE VIOLATION OF THE ARTICLE 3 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS. Thematic proceedings of the Scientific and professional conference with international participation „European Integration: Justice, Freedom and Security“, 2. pp. 81-97. ISSN ISBN 978-86-7020-354-9

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Abstract

Although the Macedonian Assembly adopted the Law on Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms on 27 February 1997, up till now the Court in numerous cases found that the Republic of Macedonia have violated the Convention’s provisions. However, one case stands out from the rest. It is the Case of El-Masri v. Republic of Macedonia, in which the Court established violations of several provisions of the Convention, i.e. the Court unanimously declared the complaints under Articles 3, 5, 8 and 13 admissible and the remainder of the application inadmissible. Concerning the Convention’s Article 3, the Court made four decisions – there has been a violation in its procedural aspect on account of the failure of the Republic of Macedonia to carry out an effective investigation into the applicant’s allegations of ill-treatment; the applicant was subjected to inhuman and degrading treatment while being held in a hotel in Skopje; the applicant was subjected to ill-treatment at Skopje Airport and this treatment was classified as torture; and the applicant was transferred into the custody of the US authorities despite the existence of a real risk that he would be subjected to further treatment contrary to Article 3. Having in mind the above, the paper shall point out to the weakness and misconducts of Macedonian authorities, and shall propose measures and activities with an aim such violations to be prevented in the future.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 08 Jan 2021 12:28
Last Modified: 08 Jan 2021 12:28
URI: http://eprints.uklo.edu.mk/id/eprint/6098

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