The analysis of the right to asylum of Julian Assange - Opinion of the working group on arbitrary detention adopted on 4 December 2015 (Opinion no. 54/2015 concerning Julian Assange  - Sweden and The United Kingdom of Great Britain and Northern Irela Cover Image

Analiza dreptului de azil în cazul lui Julian Assange în opinia Working group on arbitrary detention, adoptată la 4 decembrie 2015 (Opinion no. 54/2015 concerning Julian Assange - Sweden and The United Kingdom of Great Britain and Northern Ireland)
The analysis of the right to asylum of Julian Assange - Opinion of the working group on arbitrary detention adopted on 4 December 2015 (Opinion no. 54/2015 concerning Julian Assange - Sweden and The United Kingdom of Great Britain and Northern Irela

Author(s): Carmen Moldovan
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: right to asylum; arbitary detention;freedom of movement;

Summary/Abstract: In the opinion of the Working Group on Arbitrary Detention, the right to asylum is an inalienable right, and in the case of Mr. Julian Assange, the deprivation of liberty is arbitrary and contravenes Articles 9 and 10 of the Universal Declaration of Human Rights and also Articles 7, 9 para. 1, 9 par. 4, 10 and 14 of the International Covenant on Civil and Political Rights. Consequently, the Working Group requested the Governments of Sweden and the United Kingdom to assess the situation of Mr. Assange to ensure his safety and physical integrity, to facilitate its exercise of the right to freedom of movement in an appropriate manner and to ensure that all rights guaranteed by international rules on detention. This paper aims to briefly present the facts of the case and the particular situation of Mr. Assange, to explain the arguments noted by the Working Group and to underline the innovative elements of its interpretation in this case concerning the connexion between the right to asylum, the conditions for granting this right, its effects and the implications on the right to free movement and the possibility of legal interferences.

  • Issue Year: LXII/2016
  • Issue No: 2
  • Page Range: 295-308
  • Page Count: 14
  • Language: Romanian