Can States Withhold Information about Alleged Human Rights Abuses on National Security Grounds? Some Remarks on the ECtHr Judgments of Al-Nashiri v. Poland and Husayn (Abu-Zubaydah) v. Poland

• Authors: Carpanelli Elena
• Languages of publication: EN

Abstracts

EN

The judgments delivered by the European Court of Human Rights in Al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland highlight the potential tension that may arise between states’ broad reliance on national security grounds to withhold disclosure of secret files and compliance with their obligations under the European Convention on Human Rights. The present article examines the above-mentioned judgments, focusing, in particular, on how (and to what extent) the withholding of secret information may infringe on the right to the truth and, as far as proceedings before the European Court of Human Rights are concerned, the state’s duty to cooperate with it.

Keywords

EN

European Court of Human Rights; secret files; national security; right to the truth; duty of cooperation

• Publisher: Polska Akademia Nauk
• Journal: Polish Yearbook of International Law
• Year: 2015
• Volume: 35
• Pages: 217-234

Dates

published

2016-07-26

Contributors

author

Carpanelli Elena

• School of Law, University of Milano-Bicocca

Identifiers

DOI

DOI 10.7420/pyil2015h