August 25, 2023
By Mark Klaassen Mental illness can reduce the weight attached to the nature and seriousness of a crime in the context of balancing interests under Article 8 ECHR in deportation cases. In Azzaqui v the Netherlands, the European Court of Human Rights (the Court) confirmed the Grand Chamber judgment in Savran v Denmark and further […]
October 17, 2019
By Dr. Mark Klaassen, Institute of Immigration Law, Leiden University On 1 October 2019, in the Savran judgment the European Court of Human Rights (hereinafter: ‘the Court’) has applied the Paposhvili-test in cases involving the expulsion of migrants who fear to be the victim of a violation of Article 3 ECHR because a medical treatment […]
September 14, 2017
By Rebecca Deruiter – PhD Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University[1] Two rulings convicted the Belgian state for violating Article 3 in the case of Rooman v. Belgium and Article 2 in the case of Tekin and Arslan v. Belgium. Both these cases concern mentally-ill offenders for which the Belgian […]