Bozano Case

Title: Bozano Case

Description:

322Human rights — Arrest and detention — Arrest of applicant and deportation from respondent State to third State — Extradition from third State to State of nationality — Whether deportation after refusal of extradition request by State of nationality arbitrary action by respondent State — Whether disguised extradition — European Convention on Human Rights, 1950, Article 5(1)Aliens — Expulsion — Detention with a view to deportation after rejection of request for extradition — Lawfulness of deprivation of liberty — Compliance with domestic law — Arbitrariness — Right to security of person — European Convention on Human Rights, 1950, Article 5(1)International tribunals — Procedure — European Court of Human Rights — Preliminary objections — Exhaustion of domestic remedies — EstoppelExtradition — Disguised extradition — Whether deportation to third State and subsequent extradition by third State to requesting State constitutes disguised extradition — Deportation following refusal of request for extradition — Whether arbitrary action violating human right — European Convention on Human Rights, 1950, Article 5(1)Damages — Human rights violation — Non-pecuniary damage — Arrest and detention — Whether prejudice sustained by applicant’s spouse as a result of human rights violation gives rise to entitlement to just satisfaction — European Convention on Human Rights, 1950, Article 50.