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Nada v. Switzerland

European Court of Human Rights

2012-II Eur. Ct. H.R. 1691

Relevant factsFree

Youssef Nada (plaintiff), a resident of a small Italian town entirely surrounded by Swiss territory, was added to the UN Sanctions Committee's list in 2001, triggering a UN Security Council resolution requiring member states to bar listed individuals from crossing their borders or territory; Switzerland (defendant) amended its domestic law to implement this obligation, barring Nada from traveling outside his tiny enclave for six years, even though an investigation found no proof of his alleged terrorist ties and he was not removed from the list until 2009, despite failing health. Nada sued Switzerland in the European Court of Human Rights, arguing the travel ban breached Switzerland's separate obligations under Articles 8 and 13 of the European Convention on Human Rights (ECHR) to respect private and family life and provide effective legal remedies.

IssueFree

Whether a nation may implement new international obligations in a manner that will result in a violation of prior international obligations.

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