Al-Dulimi and Montana Management Inc v Switzerland: ECHR 26 Nov 2013

The applicants alleged, in particular, that the confiscation of their assets had been ordered in the absence of any procedure complying with Article 6 of the Convention.
Held: There had been a violation despite the fact that Switzerland was under a clear international obligation, pursuant to article 25 of the UN Charter, to implement the terms of a Security Council resolution requiring the applicants’ assets to be frozen in this manner: ‘ . . the Convention cannot be interpreted in a vacuum but must be interpreted in harmony with the general principles of international law. Account should be taken, as indicated in Article 31(1)(c) of the Vienna Convention on the Law of Treaties of 1969, of ‘any relevant rules of international law applicable in the relations between the parties, and in particular the rules concerning the international protection of human rights”.

Judges:

Guido Raimondi, P

Citations:

5809/08

Links:

ECHR

Statutes:

European Convention on Human Rights 6

Cited by:

CitedReyes and Another v Al-Malki and Another CA 5-Feb-2015
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been . .
Lists of cited by and citing cases may be incomplete.

Human Rights, International

Updated: 04 May 2022; Ref: scu.542437