Within six months from the decision of the Court of Cassation, the applicants turned to Strasbourg claiming that the Belgian authorities’ decision not to execute the EAW had impeded the prosecution of their father’s alleged murderer in Spain.
In their original complaint the applicants raised the violation of article 6 of the Convention. However, pursuant to the jura novit curia principle, the second section of the Court decided to adjudicate buy phone number list the case from the standpoint of article 2 of the Convention (Romeo Castaño, paras 29-30). Thus qualified, the applicants’ complaint was not directed against the Belgian authorities’ failure to perform an effective investigation into the murder, but on their lack of cooperation with Spain for the purpose of the EAW proceedings (ibid, paras 38-39).
In granting the applicants’ argument, the Court found that the refusal to execute the EAWs was not based on legitimate grounds (ibid, para 82). To reach this conclusion, the Court pointed to the fact that the final decision not to enforce the EAWs on the ground that the surrender would have exposed N.J.E. to the real risk of being subjected to treatment contrary to article 3 of the Convention was based exclusively on the findings of two international reports, without any individualised assessment of the specific case (ibid, para 86).
- Board index
- All times are UTC
- Delete cookies
- Contact us