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Case law

El-Masri v. The Former Yugoslav Republic of Macedonia

December 2012 - European Court of Human Rights

The ECtHR held in December that a country is responsible for guaranteeing a person’s Article 3 and 5 rights not only on its own territory and in the country where the person is being transferred to, but also during the transfer itself. The case concerned the extraordinary rendition of a German citizen to a CIA base in Afghanistan by the FYROM. As well as being found in breach of Article 5 for the time that the applicant spent in captivity in Afghanistan, the Court also ruled that FYROM breached Article 3 when it transferred El-Masri to the CIA, despite the existence of a real risk that he would be subjected to inhuman and degrading treatment during transfer. The Court also ruled that FYROM was responsible for breaches of Articles 3 and 5 during the time in which El-Masri was detained in FYROM.

The full judgment is available here

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