Commentary of Kesbir v. Minister of Justice
September 2006
Research Report
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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
- human rights
- civil liability
- ECtHR
- degrading treatment
- extradition and mutual assistence
- international criminal law
- legitimate expectations
- inhuman treatment
- freedom from torture and cruel
- tort
- torture
- right to fair trial
- responsibility of states
- treaties, application
- treaties, breach
