Investigating across borders: the right to the truth in an European context

Authors: Davis, H. and Klinkner, M.

Journal: International Journal of Human Rights

Volume: 26

Issue: 4

Pages: 683-700

eISSN: 1744-053X

ISSN: 1364-2987

DOI: 10.1080/13642987.2021.1954619

Abstract:

Victims (direct and indirect) of gross human rights violations have implicit recognition in terms of a duty of effective investigation and other focused principles. In the context of migration and extraordinary rendition, this duty gives rise to a particular problem of investigation in a multi-national situation, where, arguably, an effective investigation requires elements of transnational cooperation. Recent decisions by the European Court of Human Rights, in particular Güzelyurtlu v Turkey and Cyprus, have developed legal principles relevant to this situation. This article probes how the Court’s jurisprudence reflects and accommodates the need for those across-border investigations in order to meet the criteria of an effective investigation and, with it, the right to the truth. It does so with additional reference to international legal norms that attach to enforced disappearance, as the right to the truth has found most fervent expression in this human rights context thereby serving to further illustrate the two foci of this contribution: transnational fact-finding in relation to migration and extraordinary renditions.

http://eprints.bournemouth.ac.uk/35773/

Source: Scopus

Investigating across borders: the right to the truth in an European context

Authors: Davis, H. and Klinkner, M.

Journal: INTERNATIONAL JOURNAL OF HUMAN RIGHTS

Volume: 26

Issue: 4

Pages: 683-700

eISSN: 1744-053X

ISSN: 1364-2987

DOI: 10.1080/13642987.2021.1954619

http://eprints.bournemouth.ac.uk/35773/

Source: Web of Science (Lite)

Investigating across borders: the right to truth in a European context

Authors: Davis, H. and Klinkner, M.

Journal: The International Journal of Human Rights

Publisher: Taylor & Francis

ISSN: 1364-2987

DOI: 10.1080/13642987.2021.1954619

Abstract:

Victims (direct and indirect) of gross human rights violations have implicit recognition in terms of a duty of effective investigation and other focused principles. In the context of migration and extraordinary rendition, this duty gives rise to a particular problem of investigation in a multi-national situation, where, arguably, an effective investigation requires elements of transnational cooperation. Recent decisions by the European Court of Human Rights, in particular Güzelyurtlu v Turkey and Cyprus, have developed legal principles relevant to this situation. This article probes how the Court’s jurisprudence reflects and accommodates the need for those across-border investigations in order to meet the criteria of an effective investigation and, with it, the right to the truth. It does so with additional reference to international legal norms that attach to enforced disappearance, as the right to the truth has found most fervent expression in this human rights context thereby serving to further illustrate the two foci of this contribution: transnational fact-finding in relation to migration and extraordinary renditions.

http://eprints.bournemouth.ac.uk/35773/

https://www.tandfonline.com/

Source: Manual

Investigating across borders: the right to truth in a European context

Authors: Davis, H. and Klinkner, M.J.

Journal: The International Journal of Human Rights

Volume: 26

Issue: 4

Pages: 683-700

ISSN: 1364-2987

Abstract:

Victims (direct and indirect) of gross human rights violations have implicit recognition in terms of a duty of effective investigation and other focused principles. In the context of migration and extraordinary rendition, this duty gives rise to a particular problem of investigation in a multi-national situation, where, arguably, an effective investigation requires elements of transnational cooperation. Recent decisions by the European Court of Human Rights, in particular Güzelyurtlu v Turkey and Cyprus, have developed legal principles relevant to this situation. This article probes how the Court’s jurisprudence reflects and accommodates the need for those across-border investigations in order to meet the criteria of an effective investigation and, with it, the right to the truth. It does so with additional reference to international legal norms that attach to enforced disappearance, as the right to the truth has found most fervent expression in this human rights context thereby serving to further illustrate the two foci of this contribution: transnational fact-finding in relation to migration and extraordinary renditions.

http://eprints.bournemouth.ac.uk/35773/

Source: BURO EPrints