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The Role and Limits of the European Court of Human Rights in Supervising State Security and Anti-terrorism Measures Affecting Aliens' Rights

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Chapter Summary

This chapter provides an overview of the relevant major case law developed by the European Court of Human Rights (ECtHR). It is divided into five sections covering five major subjects related to aliens suspected of or prosecuted for acts of terrorism or of organised crime. Firstly, the right to freedom from torture and inhuman or degrading treatment or punishment, a crucial issue that has very often arisen in forced removal proceedings; secondly, the decisive right to liberty and security of terrorism-suspect aliens; thirdly, the particularly thorny question concerning the right to a ‘fair trial’ of these aliens both in the removing and in the receiving States; fourthly, the issue of protecting these persons’ family life in the context of the European Convention on Human Rights (ECHR); last, the provision of effective remedies to this special category of aliens on the domestic level, as well as on the international plane.

Keywords: aliens; European Convention on Human Rights (ECHR); European Court of Human Rights (ECtHR); punishment; right to a ‘fair trial’; right to freedom; right to liberty; terrorism; torture



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