Jeremy successfully argued in Nada v. Switzerland (EurCtHR [GC], no.19593/08, September 2012) that implementation of UN sanctions imposed on the basis of an unsubstantiated connection to Al-Qaeda violated the right to respect for private and family life and the right to an effective remedy. The practical result is that the application of such sanctions will need to take account of individual situations (particularly, age, health and nationality) and that they cannot be automatically used as the basis for rejecting challenges to their impact on rights and freedoms.
Together with Piers Gardner, Jeremy prepared the successful application in Georgia v. Russia (I) (EurCtHR [GC], no. 13255/07, 3 July 2014), in which a coordinated policy of arresting, detaining and expelling Georgian nationals followed by the Russian authorities was found to amount to an administrative practice incompatible with the European Convention, entailing violations of Articles 3, 5(1) and (4) and 13, as well as of Article 4 of Protocol No. 4. In addition, the Court found a violation of the obligation under Article 38 to furnish all necessary facilities for the effective conduct of an investigation.
Cases
Recent work has included:
- Kvasnevskis v Latvia, UNHRCttee, no. 3244/2018 – requirement to belong to a political party in order to seek election to parliament.
- Alekseyev and Others v. Russia, ECtHR, no. 39954/09 – duty to take effective action against violence and threats that have homophobic and transphobic motivations.
- Slovenia v. Croatia, ECtHR [GC], no. 54155/16 – protection by State of rights of a bank that has been already held not to be entitled to bring proceedings on its own behalf.
- Zhadanov and Others v. Russia, ECtHR, nos. 12200/08, 35949/11 and 58282/12, 29 July 2019 – Promotion of LGBT rights could not be a ground for refusing to register association.
- Proceedings under Article 46 § 4 of the Convention in the Case of ilgar Mammadov v. Azerbaijan, ECtHR [GC], no. 15172/13, 29 May 2019 – first infringement proceedings for non-execution of a judgment.
- Simeonovi v. Bulgaria, ECtHR, ECtHR [GC], no. 21980/04, 12 May 2017 – impact of denial of access to a lawyer on fairness of trial.
- Saxena v. Canada, UN HRCttee, 2118/2011, 3 November 2016 – consent to further prosecution following extradition breached International Covenant on Civil and Political Rights.
- Rywin v Poland, ECtHR, no. 6091/06, 4047/07 and 4070/07, 18 February 2016 – challenge to fairness of a trial heard during contemporaneous parliamentary inquiry and inadequate medical treatment during imprisonment.
- Georgia v. Russia (I), ECtHR [GC], no. 13255/07, 3 July 2014) – a coordinated policy of arresting, detaining and expelling Georgian nationals followed by the Russian authorities.
- Nada v. Switzerland, ECtHR [GC], no.19593/08, September 2012 – implementation of UN sanctions imposed on the basis of an unsubstantiated connection to Al-Qaeda violated the right to respect for private and family life and the right to an effective remedy.
