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Bozano Case

European Court of Human Rights.  18 December 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Arrest and detention — Arrest of applicant and deportation from respondent State to third State — Extradition from third State to State of nationality — Whether deportation after refusal of extradition request by State of nationality arbitrary action by respondent State — Whether disguised extradition — European Convention on Human Rights, 1950, Article 5(1)

Aliens — Expulsion — Detention with a view to deportation after rejection of request for extradition — Lawfulness of deprivation of liberty — Compliance with domestic law — Arbitrariness — Right to security of person — European Convention on Human Rights, 1950, Article 5(1)

International tribunals — Procedure — European Court of Human Rights — Preliminary objections — Exhaustion of domestic remedies — Estoppel

Extradition — Disguised extradition — Whether deportation to third State and subsequent extradition by third State to requesting State constitutes disguised extradition — Deportation following refusal of request for extradition — Whether arbitrary action violating human right — European Convention on Human Rights, 1950, Article 5(1)

Damages — Human rights violation — Non-pecuniary damage — Arrest and detention — Whether prejudice sustained by applicant’s spouse as a result of human rights violation gives rise to entitlement to just satisfaction — European Convention on Human Rights, 1950, Article 50

Type
Case Report
Copyright
© Cambridge University Press 1991

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