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Ben Brandon in Forbes on Serbia ECHR breach after extradition of Bahraini national at risk of torture

Posted on 28 January 2022

Ben Brandon, Partner in the White Collar Crime & Investigations Group at Mishcon de Reya, has been quoted in Forbes’ recent article on the deportation of Bahraini national, Ahmed Jaafar Mohamed Ali, by Serbia to Bahrain.

The extradition was carried out following an Interpol red notice request from Bahrain, despite an order by the European Court of Human Rights (ECHR) to wait for more information on the risk of Ali being tortured in Bahrain. Ignoring the interim measure now places Serbia in possible breach of the European Convention on Human Rights.

“By becoming a party to the Convention, Serbia undertook not to hinder the effective exercise of rights under the Convention by an individual applicant such as Mr Ali,” said Ben Brandon.“By expelling Mr Ali from its territory, Serbia appears to have breached that undertaking.”

In reaching a verdict, Ben explains that “the court is likely to consider whether [Serbia] has violated Article 34 of the Convention,” which guarantees an individual's right to make an application to the ECHR. 

Read the full article here.

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