Jeremy McBride

Call 2004
Education
LLB (Hons) (Birmingham) First Class, LLB (Cambridge) First Class
Contact

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Jeremy was called to the Bar under the exceptional route for academics of experience and distinction having taught at the Universities of Birmingham, Cambridge, Mauritius and Stockholm, as well as the Central European University in Budapest. He joined Chambers in 2006 and accepts instructions in the areas of Human Rights, International Law and Public Law. Jeremy has extensive knowledge of the requirements of the European Convention on Human Rights and of a wide range of other regional and international norms and mechanisms in the field of human rights. He has been particularly involved in matters relating to criminal procedure, liberty and security elections, extradition, fair trial, freedom of assembly, association, expression and movement and the protection of property rights. His experience in applying human rights and international law has involved looking at problems from a wide range of perspectives, not only the governmental and non-governmental ones in individual and inter-State proceedings but also those of various supervisory bodies. This is likely to be of advantage to clients looking for practical solutions that can withstand close scrutiny.

  • Human Rights

    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.

    Recent work has included:

    • acting for Ukraine in Ukraine v. Russian Federation (EurCtHR 20958/14): a challenge to the extensive violations of human rights occasioned by the taking control over the Crimean Peninsula and the intervention in the south east of Ukraine
    • acting for the applicant in Georgiades v Cyprus (UN HRCttee): a challenge to the overturning of a defamation ruling brought in respect of prejudicial media coverage of a trial
    • acting for the applicant in Kvasnevskis v Latvia (EurCtHR 18489/11): a challenge to the requirement to belong to a political party in order to seek election to parliament
    • acting for the applicant in Rywin v Poland (EurCtHr 6091/06, 4047/07 and 4070/07) challenge to fairness of a trial heard during contemporaneous parliamentary inquiry and inadequate medical treatment during imprisonment
    • acting for the applicant in Saxena v. Canada (UN HRCttee): a challenge to the breach of the specialty rule following extradition
    • advising on the reform of non-judicial human rights structures and legislation relating to discrimination and gender equality in Kosovo
    • advising on the conduct of extradition proceedings in several national jurisdictions
    • advising a government on the reform of legislation relating to national security
    • advising the Council of Europe on the adoption of entirely new Codes of Criminal Procedure for Serbia and Ukraine and on reforms to the Bulgarian and Moldovan Code of Criminal Procedure and the Ukrainian law on the prosecution service
    • advising on the development of legislation governing public benefit organisations in Cyprus
  • International Law

    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.

    Recent work has included

    • acting for Ukraine in Ukraine v. Russian Federation (EurCtHR 20958/14): a challenge to the extensive violations of human rights occasioned by the taking control over the Crimean Peninsula and the intervention in the south east of Ukraine
    • acting for the applicant in Georgiades v Cyprus (UN HRCttee): a challenge to the overturning of a defamation ruling brought in respect of prejudicial media coverage of a trial
    • acting for the applicant in Kvasnevskis v Latvia (EurCtHR 18489/11): a challenge to the requirement to belong to a political party in order to seek election to parliament
    • acting for the applicant in Rywin v Poland (EurCtHr 6091/06, 4047/07 and 4070/07) challenge to fairness of a trial heard during contemporaneous parliamentary inquiry and inadequate medical treatment during imprisonment
    • acting for the applicant in Saxena v. Canada (UN HRCttee): a challenge to the breach of the specialty rule following extradition
    • advising on the reform of non-judicial human rights structures and legislation relating to discrimination and gender equality in Kosovo
    • advising on the conduct of extradition proceedings in several national jurisdictions
    • advising a government on the reform of legislation relating to national security
    • advising the Council of Europe on the adoption of entirely new Codes of Criminal Procedure for Serbia and Ukraine and on reforms to the Bulgarian and Moldovan Codes of Criminal Procedure and the Ukrainian law on the prosecution service
    • advising on the development of legislation governing public benefit organisations in Cyprus
  • Public Law

    Jeremy successfully argued in Nada v. Switzerland (EurCtHR [GC], no.19593/08, 12 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.

    Recent work has included:

    • acting for Ukraine in Ukraine v. Russian Federation (EurCtHR 20958/14): a challenge to the extensive violations of human rights occasioned by the taking control over the Crimean Peninsula and the intervention in the south east of Ukraine
    • acting for the applicant in Georgiades v Cyprus (UN HRCttee): a challenge to the overturning of a defamation ruling brought in respect of prejudicial media coverage of a trial
    • acting for the applicant in Kvasnevskis v Latvia (EurCtHR 18489/11): a challenge to the requirement to belong to a political party in order to seek election to parliament
    • acting for the applicant in Rywin v Poland (EurCtHr 6091/06, 4047/07 and 4070/07) challenge to fairness of a trial heard during contemporaneous parliamentary inquiry and inadequate medical treatment during imprisonment
    • acting for the applicant in Saxena v. Canada (UN HRCttee): a challenge to the breach of the specialty rule following extradition
    • advising on the reform of non-judicial human rights structures and legislation relating to discrimination and gender equality in Kosovo
    • advising on the conduct of extradition proceedings in several national jurisdictions
    • advising a government on the reform of legislation relating to national security
    • advising the Council of Europe on the adoption of entirely new Codes of Criminal Procedure for Serbia and Ukraine and on reforms to the Bulgarian and Moldovan Code of Criminal Procedure and the Ukrainian law on the prosecution service
    • advising on the development of legislation governing public benefit organisations in Cyprus
  • Publications

    Jeremy is the Editor of Butterworths Human Rights Cases.

    Recent publications include:

    • Reform Proposals to Energise Non-Judicial Human Rights Institutions in Kosovo*, (Council of Europe, 2013),
    • ‘Trees in the Wood: The Fundamental Law and the European Court of Human Rights’ in Gabor Toth (ed.), Constitution for a Disunited Nation Hungary’s New Fundamental Law, (CEU Press, 2012), pp 359-375
    • ‘Applying the European Convention on Human Rights in Conflict Zones: Relevance and Responsibility’ in Georgian Constitutional Court, Constitutional Guarantees in Conflict Zones (2009) 1 Constitutional Law Review 18-40
    • Human rights and criminal procedure The case law of the European Court of Human Rights (Council of Europe, 2009)
    • The specificity and added value of the acquis of the Council of Europe treaty law, (AS/Jur (2009) 40), (Council of Europe, 2009), pp 1-35
    • Access to Justice for Migrants and Asylum-Seekers in Europe, (Council of Europe, 2009)
  • Additional Information

    Education and Prizes

    Jeremy read law at the University of Birmingham and Fitzwilliam College, Cambridge, obtaining first class honours degrees. He also studied at the International Institute of Human Rights in Strasbourg and obtained its Diploma in the International and Comparative Law of Human Rights. Jeremy has an Honorary Senior Research Fellowship at the University of Birmingham.

    Professional Memberships

    Jeremy has a Visiting Professorship at the Central European University in Budapest and teaches on the Human Rights Masters Programme at the University of Oxford. He is also a member of the Expert Council on NGO Law of the Council of Europe’s Conference on INGOs He was the Chair of the Scientific Committee of the European Union’s Agency for Fundamental Rights (2010-13) and the Chair of INTERIGHTS, the International Centre for the Legal Protection of Human Rights (2005-14).

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