What is it about?
The key question tackled in this paper is how States as Parties to the ECHR can use and protect security-sensitive information (secret evidence) in expulsion proceedings. The use of secret evidence that cannot be disclosed in expulsion proceedings is one of the most difficult issues that arises in migration law.
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Why is it important?
Any State Party to the ECHR has a legitimate interest in protecting its national security and having a balanced immigration policy according to the principle of proportionality. Using secret evidence in expulsion proceedings raises an authentic conflict between the due process rights of aliens and national security.
Perspectives
The purpose of this paper is to explore to what extent States as Parties to the ECHR may be justified to refuse to disclose to a non-citizen evidence related to State security which constitutes grounds for an expulsion decision, and not violate aliens’ procedural rights. I hope this article will lead to a broader discussion about non-citizens' due process rights.
Julia Wojnowska-Radzinska
Uniwersytet im Adama Mickiewicza w Poznaniu
Read the Original
This page is a summary of: The access to secret evidence in expulsion proceedings under the European Convention on Human Rights, Netherlands Quarterly of Human Rights, October 2017, SAGE Publications,
DOI: 10.1177/0924051917737913.
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