Pushbacks before the ECtHR – Grażyna Baranowska and Isabel Kienzle analyse procedural instruments for addressing evidentiary gaps

In a recent article published in the International Journal of Human Rights, Grażyna Baranowska and Isabel Kienzle, together with Maybritt Jill Alpes, analyse why facts in cases concerning pushbacks before the European Court of Human Rights often remain invisible — and which procedural tools could help change this.

The article demonstrates that the Court relies heavily on evidence provided by states, even though states often fail to document pushback practices and submit incomplete or incorrect information to the ECtHR. From an interdisciplinary perspective, the authors propose using existing procedural instruments more strategically in order to gather and assess evidence in a context-sensitive manner.

You can find the article here: Full article: Making pushback facts visible: a review of tools in existing case law and the procedural framework of the European Court of Human Rights