Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness?
Abstract The evidentiary value of forensic medical reports in asylum procedures is highly contested, mainly for two reasons. First, a physician usually cannot establish when, where, why and by whom the applicant has been ill-treated. Moreover, a physician can almost never establish with complete cer...
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crbrillap:10.1163/15718166-12340075 2023-05-15T18:15:17+02:00 Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? Reneman, Marcelle (A.M.) 2020 http://dx.doi.org/10.1163/15718166-12340075 https://brill.com/view/journals/emil/22/2/article-p224_4.xml https://brill.com/downloadpdf/journals/emil/22/2/article-p224_4.xml unknown Brill https://creativecommons.org/licenses/by-nc/4.0/ CC-BY-NC European Journal of Migration and Law volume 22, issue 2, page 224-256 ISSN 1388-364X 1571-8166 Law Demography journal-article 2020 crbrillap https://doi.org/10.1163/15718166-12340075 2022-12-11T12:48:31Z Abstract The evidentiary value of forensic medical reports in asylum procedures is highly contested, mainly for two reasons. First, a physician usually cannot establish when, where, why and by whom the applicant has been ill-treated. Moreover, a physician can almost never establish with complete certainty which treatment caused a scar or physical or psychological problem. Nevertheless, both the ECtHR and the Committee against Torture ( CAT ) have recognised the importance of forensic medical reports as evidence in asylum cases in their judgments and decisions. However, they rarely explicitly address fundamental questions relating to the duty to arrange for a medical examination and the evidentiary value of forensic medical reports. This article examines where the Court of Justice of the European Union may step in to provide more guidance regarding these issues to the Member States of the European Union, by interpreting Article 18 of the recast Procedures Directive. Article in Journal/Newspaper SCAR Brill (via Crossref) European Journal of Migration and Law 22 2 224 256 |
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Brill (via Crossref) |
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Law Demography |
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Law Demography Reneman, Marcelle (A.M.) Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? |
topic_facet |
Law Demography |
description |
Abstract The evidentiary value of forensic medical reports in asylum procedures is highly contested, mainly for two reasons. First, a physician usually cannot establish when, where, why and by whom the applicant has been ill-treated. Moreover, a physician can almost never establish with complete certainty which treatment caused a scar or physical or psychological problem. Nevertheless, both the ECtHR and the Committee against Torture ( CAT ) have recognised the importance of forensic medical reports as evidence in asylum cases in their judgments and decisions. However, they rarely explicitly address fundamental questions relating to the duty to arrange for a medical examination and the evidentiary value of forensic medical reports. This article examines where the Court of Justice of the European Union may step in to provide more guidance regarding these issues to the Member States of the European Union, by interpreting Article 18 of the recast Procedures Directive. |
format |
Article in Journal/Newspaper |
author |
Reneman, Marcelle (A.M.) |
author_facet |
Reneman, Marcelle (A.M.) |
author_sort |
Reneman, Marcelle (A.M.) |
title |
Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? |
title_short |
Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? |
title_full |
Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? |
title_fullStr |
Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? |
title_full_unstemmed |
Evidentiary Value of Forensic Medical Evidence in Asylum Procedures: Where Can the CJEU Bring Light into the Darkness? |
title_sort |
evidentiary value of forensic medical evidence in asylum procedures: where can the cjeu bring light into the darkness? |
publisher |
Brill |
publishDate |
2020 |
url |
http://dx.doi.org/10.1163/15718166-12340075 https://brill.com/view/journals/emil/22/2/article-p224_4.xml https://brill.com/downloadpdf/journals/emil/22/2/article-p224_4.xml |
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SCAR |
genre_facet |
SCAR |
op_source |
European Journal of Migration and Law volume 22, issue 2, page 224-256 ISSN 1388-364X 1571-8166 |
op_rights |
https://creativecommons.org/licenses/by-nc/4.0/ |
op_rightsnorm |
CC-BY-NC |
op_doi |
https://doi.org/10.1163/15718166-12340075 |
container_title |
European Journal of Migration and Law |
container_volume |
22 |
container_issue |
2 |
container_start_page |
224 |
op_container_end_page |
256 |
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1766188393058795520 |