Commentary of Kesbir v. Minister of Justice
The Kesbir case has proven to be highly controversial, drawing much critical comment from prominent human rights organisations, some senior academics and the media. The case certainly illustrates major dilemmas faced by governments in seeking, simultaneously, to offer protection against human rights violations and to hold violators of war crimes to account. However, it also raises serious questions regarding the standards used for invoking exclusion and extradition, which for reasons of court procedure the Council of State proved unable to answer.
|Keywords||ECtHR, civil liability, degrading treatment, extradition and mutual assistence, freedom from torture and cruel, human rights, inhuman treatment, international criminal law, legitimate expectations, responsibility of states, right to fair trial, tort, torture, treaties, application, treaties, breach|
|Publisher||Oxford University Press|