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Boudellaa and Others v. Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina

Bosnia and Herzegovina.  11 October 2002 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Responsibility of States — Transfer of individuals to custody of other State — Whether transferring State responsible for subsequent treatment of individuals — Torture — Capital punishment — Whether transferring State required to seek assurances from other State prior to transfer — Circumstances in which real risk of torture or other inhuman or degrading treatment to be presumed — Transfer of individuals in Bosnia and Herzegovina to United States forces — Subsequent transfer to Guantanamo Bay

Human rights — Liberty and security — Arbitrary detention — Pre-trial detention — Court ordering release — Transfer of detainees to custody of other State after order for release — Other State subsequently holding detainees — Whether engaging responsibility of transferring State

Human rights — Fair trial — Presumption of innocence — Limits — Administrative decisions taken on basis of prosecution

States — Federal States — Whether actions of component of federation engaging responsibility of national authorities — The law of Bosnia and Herzegovina

Type
Case Report
Copyright
© Cambridge University Press 2009

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