Evaluating the broadening application of nemo tenetur for refugee exclusion and its consequences in criminal cases

Description

This paper analyzed the refugee exclusion process under Article 1F of the 1951 Refugee Convention, arguing that exclusion should be considered a sanction of a “criminal nature” due to its severe implications and thus warranted protections under Article 6 of the European Convention on Human Rights (ECHR). The authors applied the Engel criteria to show how exclusion could encroach on rights like the right to silence, highlighting risks of misuse if refugee exclusions were overly broadened. Additionally, they examined recent legal developments, including GDPR and the Consob ruling, which affected the exchange of asylum seekers' data with law enforcement. The paper suggested that such data sharing must respect GDPR’s purpose limitation and consent principles, advocating for safeguards to balance the state’s security interests with the procedural rights of refugees.

Period	7 Nov 2024 → 8 Nov 2024
Event title	​NonIncrimInA Conference: Nemo tenetur and the expansion of a doctrine: from criminal to administrative proceedings and beyond
Event type	Conference
Location	Brussels, BelgiumShow on map