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RHK v. Netherlands

The Netherlands.  08 November 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Procedure — Transit of extradited person through third State — Benelux Extradition Treaty, 1962, Article 21(1) — Requirement of consent of third State prior to transit — Transit of Dutch national by Belgian authorities from Belgian enclave in the Netherlands to Belgium — Transit undertaken without prior consent of the Netherlands — Whether constituting breach of Extradition Treaty

Human rights — Right to remain in one’s own country — Alleged explusion of plaintiff from State of nationality — European Convention on Human Rights, 1950, Fourth Protocol

State responsibility — Acts and omissions of State organs and officials — Duty to provide diplomatic protection to nationals abroad — Applicant unlawfully transported through State of nationality by foreign State in breach of Extradition Treaty — Refusal by State of nationality to seek return of national from foreign State — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1995

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