Publication details
Právo údajných teroristů na účinný prostředek ochrany před zápisem na tzv. blacklist a na ochranu soukromí
| Title in English | The Right of Alleged Terrorists to an Effective Remedy against Listing on the Blacklist and the Right to Respect for the Privacy |
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| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | The Right to an Effective Remedy; the Right to Respect for the Private and Family Life; Nada vs. Switzerland; Resolution of the UN Security Council; Chapter VII of the UN Charter; Al-Qaida; Taliban. |
| Description | A commentary is focused on the judgment of the European Court of Human Rights in the case of Nada v. Switzerland of 12 September 2012. In particular it is a legal analysis of the abovementioned case in which the core presents a relationship between obligations arising from the UNSC resolutions adopted under the Chapter VII in the area of the Al-Qaida and Taliban Sanctions Regime on the one hand and obligations arising from the Convention on the other hand. The applicant alleged a violation of i.a. Art. 5 (the right to liberty and security), Art. 8 (the right to respect for private and family life) and Art. 13 (the right to an effective remedy). The Court held that Switzerland is responsible for a violation of the right to respect for the private and family life of Mr. Nada and a violation of his right to an effective remedy. |
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