Master'sOpen Access

Pursuant to the prohibition of detention motivated by political purposes the scope and application of article 18 of the echr and the effects of violation judgments under article 18 of the echr

2019
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Advisor: Doç. Dr. Demirhan Burak Çelik

Abstract (EN)

Article 18 of the Convention stipulates that "The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed". Starting with the judgment Gusinskiy v. Russia in 2004, reaching a turning point in 2016 with Jafarov v. Azerbaijan and with an ever-changing and developing case-law, Article 18 has so far been applied chiefly in conjunction with the right to liberty and security under Article 5. For this reason, we will discuss in this thesis, how Article 18, which functions as an "early warning" for states which drift away from democratic values, can be used in situations where individuals are deprived of their liberty with purposes not prescribed by the Convention and the possible impact and results of a violation judgment given under Article 18.

Author

Dr. Benan Molu

How to Cite

Benan Molu (Master Thesis). Pursuant to the prohibition of detention motivated by political purposes the scope and application of article 18 of the echr and the effects of violation judgments under article 18 of the echr, 2019, Galatasaray University.

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