On the use of asylum testimonies in criminal and quasi-criminal proceedings: H. and J. v the Netherlands and Jaballah (Re)

The number of asylum requests made to countries in the Global North involves an increasing amount of legal challenges. One of the challenges is the question of what happens to asylum seekers who are suspected of serious criminality. At present, there is a policy of separating possible foreign criminals from asylum seekers. A growing number of European countries resort to refugee law instruments to identify foreign criminals. However, resorting to refugee law instruments to detect possible criminals might violate the rights of the accused. This chapter analyses this tension between immigration law and criminal law through two key decisions: the H. and J. v. the Netherlands of the European Court of Human Rights, and Jaballah (Re) from Canada.