Prohibiting Collective Expulsion in Melilla: What Should We Expect from the Upcoming Grand Chamber Decision?

Raoul Wieland studies law and social work at McGill University in Montreal, Canada. He is undertaking a work placement with Amnesty International’s Strategic Litigation Unit at the International Secretariat in London.

On 3 October 2017, the European Court of Human Rights released its judgment in the important case of N.D. and N.T. v Spain. Considering the upcoming Grand Chamber decision, it is worth re-visiting some of the important legal safeguards at issue in the Chamber judgment and as outlined by the third-party interventions brought by Amnesty International and colleagues and the Council of Europe Commissioner for Human Rights. Continue reading

Judgement ND and NT v Spain: on the legality of police “push-backs” at the borders and, again, on the prohibition of collective expulsions.

By Prof. Dr. David Moya, Constitutional Law Department of the University of Barcelona, Migration Research and Studies Centre CERM, Public Law Observatory IDP

Last week, the 3rd Section of the European Court of Human Rights published its Judgement ND and NT v. Spain, in a case brought before the Court by two foreigners from Mali and the Ivory Coast (Mr. ND and Mr. NT) who alleged to have been “pushed back” by the Spanish gendarmerie Guardia Civil in charge of the surveillance and protection of the Spanish border between the Spanish Autonomous City of Melilla and the Kingdom of Morocco. The applicants alleged that the push-back violated their right to an effective remedy (Art. 13 ECHR) and the prohibitionof collective expulsions (Art. 4 Protocol 4 ECHR). Continue reading