Introduction
Jeremy has had considerable experience in litigating and advising on European and international human rights law since coming to the Bar under the exceptional route for academics of experience and distinction. He had previously taught human rights, public international law and public law at the Universities of Birmingham, Cambridge, Mauritius and Stockholm.
Jeremy has appeared before the Grand Chamber of the European Court of Human Rights in both individual and inter-State proceedings. Most recently, he has acted in the admissibility proceedings in Slovenia v. Croatia (concerning the novel point of whether a State can use the European Convention system to protect the rights of a bank that has been already held not to be entitled to bring proceedings on its own behalf) and the Proceedings under Article 46 § 4 of the Convention in the Case of ilgar Mammadov v. Azerbaijan.
In addition to litigation, Jeremy advises on the compatibility with European and international human rights standards of legislative proposals being considered in a wide range of countries. In particular, he has advised on the adoption of criminal and criminal procedure codes and legislation concerned with discrimination, freedom of assembly and of association, hate speech, property restitution and prosecution services.
Jeremy is a visiting professor at Central European University and chairs the Expert Council on NGO Law of the Council of Europe’s Conference on International Non-Governmental Organisations.
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Civil liberties & 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.
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.
- 18 Jul 2019Promotion of LGBT rights could not be a ground for refusing to register associations – Jeremy McBride intervenes on behalf of the EHRAC, ILGA-Europe and ICJ
- 10 Jun 2019Jeremy McBride and the Ukrainian Helsinki Human Rights Union – intervention taken into account as requirement for anti-corruption activists in Ukraine to declare assets held unconstitutional
- 30 May 2019Jeremy McBride represents Ilgar Mammadov on first request made by the Committee of Ministers of the Council of Europe in Grand Chamber of the European Court of Human Rights
- 15 May 2017Conditions of detention and strict prison regime amounted to inhuman and degrading treatment
- 21 Nov 2016Consent to further prosecution following extradition found to breach International Covenant on Civil and Political Rights
- 22 Feb 2016Presumption of innocence not breached by contemporaneous parliamentary inquiry and criminal proceedings
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Publications
Jeremy is the Editor of Butterworths Human Rights Cases.
Recent publications include:
- The Organised Civil Society in Cyprus (Republic of Cyprus, 2019)
- ‘Denial of Access to a Lawyer at the Outset of Criminal Proceedings: the Strasbourg Perspective’, Lawyers’ Review Journal 3/2018, 38-52
- ‘Some recent practice of the European Court of Human Rights to consider when implementing criminal procedure codes’, in (2018) 64 Synergy 8-10
- Human rights and criminal procedure The case law of the European Court of Human Rights, 2nd ed. (Council of Europe, 2018), (526pp) (also editions in Russian and Ukrainian)
- ‘Towards a more effective protection of human rights for non-citizens’, in T Varady (ed.), Human Rights in the 21st Century, (Serbian Academy of Sciences, 2020), 57-82
- ‘The Council of Europe’ in D Kritsiotis & M J Bowman (eds), Conceptual and Contextual Perspectives on the Modern Law of Treaties, (Cambridge UP, 2018), 966-1004
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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 Chair 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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