The case of Muhammad and Muhammad v. Romania: the first Grand Chamber judgment on article 1 of Protocol Nr. 7 ECHR (procedural safeguards with regard to expulsion of aliens)

By Bahija Aarrass (Assistant professor of administrative and migration law at the Open University Netherlands)

In the judgment in the case of Muhammad and Muhammad v. Romania, the Grand Chamber  of the European Court of Human Rights held that there had been a violation of Article 1 of Protocol No. 7 of the ECHR, which provides for procedural safeguards relating to the expulsion of aliens. The case concerned proceedings as a result of which the applicants, Pakistani nationals living lawfully in Romania as students, were declared undesirable and deported on the basis of national security reasons. They allegedly engaged in activities in support of a fundamentalist Islamist group linked ideologically to al-Qaeda. The Court has previously dealt with numerous cases concerning expulsion of aliens because of vague ‘national security reasons’. But this is the first judgment of the Grand Chamber in which this provision has been dealt with substantively. It resulted in an elaborate judgment laying down several principles for the assessment of national procedures relating to the expulsion of aliens.

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Romeo Castaño: “meticulously elaborated interpretations” for the sake of prosecution

By Mattia Pinto, PhD Candidate at the London School of Economics, Department of Law

 On 9 July 2019, the Second Section of the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Romeo Castaño v. Belgium, concerning Belgium’s failure to execute multiple European Arrest Warrants (EAWs) issued by Spanish authorities in relation to a suspected ETA terrorist. Extradition cases involving the ECtHR usually concern complaints of ill-treatment likely to occur if an individual is extradited to a country where human rights appear not adequately protected (see, e.g., Soering, Trabelsi, Othman (Abu Qatada) and Pirozzi). In the case here at issue, the situation is reversed: the applicants complained that Belgian authorities’ refusal to surrender would amount to a breach of their right to an effective investigation into their father’s murder. The Second Section accepted this complaint and ruled unanimously that Belgium had breached its procedural obligation to cooperate under Article 2 ECHR. It is the first time the Court has found a violation of the Convention because a State refuses to surrender an individual sought by an extradition request. The decision is interesting but also controversial in its attempt to engage with multiple and complex issues, involving the relation between the ECHR and EU law, positive obligations to prosecute human rights violations and the principle of non-refoulement in EAW requests. In my opinion, the Court tries but eventually fails to properly deal with these issues. Continue reading