Wednesday 10 January 2024

Webinar on 'The Evidentiary System of the European Court of Human Rights in Critical Perspective'

On 10 January at 14:00 CET, the Human Rights Centre of Ghent University is organizing a webinar launching the new special issue of the ECHR Law Review entitled 'The Evidentiary System of the European Court of Human Rights in Critical Perspective'. The contributors to the special issue will present their research articles, followed by a discussion and general Q&A. The webinar will discuss questions such as: how does evidence work at the European Court of Human Rights? How does the adoption of a particular standard of proof impact the outcome of cases? Is the burden of proof distributed appropriately between the parties? And when does the Court (not) consider facts established?

This is the programme:

14:00 Nele Schuldt (DISSECT) Welcome and introduction

14:10 Marie-Benedicte Dembour (DISSECT) 'Beyond Reasonable Doubt at its Worst but also at its Potential Best: Ireland v the United Kingdom’s No-Torture Finding Dissected'

Discussant: Vassilis Tzevelekos (ECHR Law Review)

14:40 Kristin Henrard (Brussels School of Governance) 'The European Court of Human Rights and the ‘Special’ Distribution of the Burden of Proof in Racial Discrimination Cases: The Search for Fairness continues'

Discussant: Kanstantsin Dzehtsiarou (ECHR Law Review)

15:10 Break

15:15 Joseph Finnerty (Hertie School) 'When is a State’s ‘Hidden Agenda’ Proven? The Role of the Merabishvili’s Three-Legged Evidentiary Test in the Article 18 Strasbourg Case Law'

Discussant: Corina Heri (University of Zurich)

15:45 Grażyna Baranowska (Hertie School) 'Exposing Covert Border Enforcement: Why Failing to Shift the Burden of Proof in Pushback Cases is Wrong'

Discussant: Violeta Moreno-Lax (Queen Mary University of London and University of Barcelona)

16:15 Break

16:20 Anne-Katrin Speck (DISSECT) General remarks, followed by general Q&A

17:00 End of the proceedings

You can register here