Fra:
I g ārs Garais [mailto:[email protected]]
Sendt:
10. februar 2020 13:29
Til:
Amalie Andresen <[email protected]>
Emne:
Case of Mrs. Kristī e Misā e
To Foreign Affairs Committee of the Danish Parliament!
I, citizen of the Republic of Latvia, cannot remain indifferent to Mrs. Kristīne Misāne situation maybe
these materials helps to persuade authorities and set free Mrs. Kristīne Misāne.
According to:
a) 07.07.1989. judgement of the European Court of Human Rights, hereinafter - ECHR,
CASE OF SOERING v. THE UNITED KINGDOM, in this judgement ECHR said that a
person who is in danger of being extradited to a country (in this case South Africa) threatened
with inhumane, degrading, torture or endangered life cannot be extradited. Probability that
this will happen is enough to stop this process;
b) 05.02.1970. judgement of the International Court of Justice Barcelona Traction case of
BELGIUM v. SPAIN, court declared that torture is one of the imperative rules of
ius
cogens
with the general
opinio iuris,
from which no derogation can be made. Judgment has
become the rule of law in the international society. The international community must follow
mentioned rule of law.
First sentence of Article 1 of the European Convention on Human Rights, hereinafter - Convention,
states that everyone’s right to life shall be protected by law. Article 1 must be read in conjunction with
Article 3 no one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The civilization of Europe does not expose such punishments, but if Denmark violates international law
and Convention, Denmark must take responsibility for the international community.
There is no need to interpret the laws of the Republic of Latvia or Denmark, nor does it play a role in
this case.
If the person is in danger of being subjected to torture, cruel or degrading treatment or life threatening
it cannot be transferred to third countries, it is governed by international law.
Thank you for time and I apologize for the inconvenience.
Best regards,
Ingmārs Garais
Phone: +371 28894114
E-mail address: