European Court of Human Rights
2012-II Eur. Ct. H.R. 1691
Youssef Nada (plaintiff) was a resident of a small Italian town that was entirely surrounded by Swiss territory known as an enclave. In 2001, Nada was added to the United Nations (UN) Sanctions Committee’s List. Shortly thereafter, the UN Security Council passed Resolution 1390 (Resolution), requiring UN member-nations to prohibit anyone named on the sanctions list from crossing the nations’ borders or travelling through the nations’ territories. Switzerland (defendant) implemented amendments to its Taliban Act in order to fulfill its new obligations under the Resolution. Consequently, Nada was barred for six years from travelling outside of the small enclave in which he lived. Although an investigation found no proof of Nada’s alleged terrorist connections, Nada was not removed from the sanctions list until 2009, despite his failing health. Nada filed a claim against Switzerland in the European Court of Human Rights, arguing that Switzerland’s prohibition on travel through its territory constituted a breach of Switzerland’s obligations under Articles 8 and 13 of the European Convention on Human Rights (ECHR) to respect private and family life and to provide effective remedies for injury under the law.
Rule of Law
Holding and Reasoning
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