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Definig Terrorrism and victims of terrorism - Essay Example

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Defining Terrorism and Victims of Terrorism Essay 1: Case of Nada v Switzerland In a majority of EU states, counterterrorism resolutions passed by the UN’s Security Council conflict with human rights protections accorded by the European Convention on Human Rights and domestic laws.1 There have been a number of formal complaints in national courts claiming that the UN Security Council resolutions or domestic laws implementing these counterterrorism resolutions encroach upon inalienable human rights protections under EU and/or national laws.2 The case of Nada v Switzerland demonstrates that the European Court of Human Rights (ECtHR) takes the position that conflicts between EU laws and intern…
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Definig Terrorrism and victims of terrorism
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Download file to see previous pages Resolution 1267 was passed in 1999 and related to sanctioning the Taliban. In 2000, the Swiss Federal Council implemented Resolution 1267 by passing the Taliban Ordinance. Resolution 1333 was passed by the UN Security Council in 2000 and expanded sanctions against the Taliban to include Al-Qaeda members. The expanded sanctions required the appointed UN Sanctions Committee to coordinate intelligence from states of any individual or party that might have connections with Al-Qaeda or its leader Osama bin Laden. In 2001, the Swiss government implemented Resolution 1333 and included a provision prohibiting entrance or transit via Switzerland of any person or party covered by the Resolution.3 In October 2001 the Swiss Federal Prosecutor commenced an investigation of Nada, an Egyptian and Italian national living in Switzerland.4 The following month in November 2001, Nada together with others linked to him were included on the list maintained by the Sanctions Committee and were listed by virtue of the Swiss Taliban Ordinance. ...
In November 2002, Nada was arrested and deployed to Italy and his funds were confiscated. In the meantime, Nada’s border permit applicable to Switzerland was revoked.5 In March 2004, Nada applied to the Swiss immigration officials for permission to travel to Switzerland for medical care and to commence legal action but his application was denied. In May 2005, the Federal Prosecutor dropped the investigation of Nada on the grounds that the claims could not be substantiated. As a result, Nada requested that his name be removed from the list maintained by the Taliban Ordinance. However, the request was denied by the Federal Council on the grounds that since Nada remained listed by the UN Sanctions Committee, he could not be removed from the list maintained by Switzerland. Thus it was not until 2009 when Nada was removed from the Sanctions Committee list that his name was removed from the annex to the Taliban Ordinance. Nevertheless, Nada filed a complaint under Article 8 (protection of privacy and family life), Article 13 (entitlements to effective remedies) and Article 5 (security and liberty rights and a decision relative to detention without delay) of the European Convention on Human Rights, 1950 (ECHR).6 The ECtHR found that despite the fact that aliens were not guaranteed free access to foreign borders and that the threat of terrorism was particularly high when Nada was listed, there were vitiating circumstances and facts supporting Nada’s claim that his right to privacy and access to family life under Article 8 had been violated. To begin with, Nada had been confined to an enclave in Switzerland’s territory effectively cutting him off from contact with everyone else. Moreover, Nada’s health and age would be taken into account in determining violation of ...Download file to see next pages Read More
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