Council of Europe Adopts New Interpretation of Immigrants' Rights Facilitating Deportations
European ministers have adopted a new interpretation of the European Convention on Human Rights that may facilitate the deportation of immigrants, including transfers to repatriation centers in non-EU countries. The declaration, approved during the Committee of Ministers' annual session in Moldova, aims to address member states' complaints that the European Court of Human Rights has overly restricted expulsions of convicted foreigners and rejected asylum seekers. The text reinterprets Articles 3 and 8, introducing a 'relative' assessment for what constitutes inhuman treatment and allowing expulsions if balanced against national security, requiring strong reasons for courts to overturn state decisions. While Council of Europe Secretary General Alain Berset hailed the move as a necessary consensus for managing migration challenges, critics argue it undermines fundamental human rights. Veronika Fikfak, a human rights law professor, contended that applying relativity to the absolute prohibition of torture is incompatible with the convention's essence. The measure encourages individual member states to negotiate agreements with third countries for establishing return centers, marking a significant shift in the region's approach to migration control and legal protections.
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