n South African Journal on Human Rights - Removals, terrorism and human rights - reflections on Rashid
|Article Title||Removals, terrorism and human rights - reflections on Rashid|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal on Human Rights|
|Author||Max Du Plessis|
|Publication Date||Jan 2009|
|Pages||353 - 379|
ISI Social Science
This article considers recent jurisprudential developments in the field of extraordinary rendition, extradition and the so-called 'war on terror'. Those developments form the backdrop to a reflective discussion of the recent decision of the Supreme Court of Appeal in the 'Rashid matter' - a case involving the removal from South Africa of Khalid Rashid to Pakistan. The SCA ruled that the removal was unlawful and that Department of Home Affairs' officials had acted in a manner that was manifestly in violation of Mr Rashid's rights. The author draws various lessons from the Rashid case, one of which is the central role of the courts in ensuring the protection of human rights in cases of removal, particularly in the context of the ongoing fight against terrorism.
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