Autore
Mussi, Francesca

Titolo
Extraordinary Renditions as Enforced Disappearances? The Jurisprudence of the European Court of Human Rights
Periodico
Diritti umani e diritto internazionale
Anno: 2013 - Volume: 7 - Fascicolo: 2 - Pagina iniziale: 365 - Pagina finale: 378

In the light of the recent ruling issued by the European Court of Human Rights ('ECtHR') in El-Masri v. the former Yugoslav Republic of Macedonia and of the cases currently pending before theECtHR arising from 'extraordinary renditions', the paper aims at exploring the relationship betweenextraordinary renditions and enforced disappearances, a type of violation which has much incommon with the former and that was standardized in the International Convention for the Protectionof All Persons from Enforced Disappearances (New York, 20 December 2006; 'CPED'), withparticular focus on the jurisprudence of the ECtHR. The aim is to illustrate that such an approachis possible, by recognizing that 'extraordinary renditions' violate a multiplicity of human rights andthat such violations are inherently cumulative, being part of a single conduct having the effect ofplacing the person concerned outside the protection of the law. Nonetheless, according to the jurisprudenceof the ECtHR, extraordinary renditions seem to inherently violate a further humanright, namely the right not to be subjected to torture or cruel, inhumane and degrading treatment,which remains uncovered by the notion of enforced disappearance set out by the CPED.



SICI: 1971-7105(2013)7:2<365:ERAEDT>2.0.ZU;2-A
Testo completo: http://www.mulino.it/download/article/10.12829/74159
Testo completo alternativo: http://www.mulino.it/doi/10.12829/74159

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