Normative Legal Qualification of the Mechanism of Forced Expulsion through "Release"
Normative Legal Qualification of the Mechanism of Forced Expulsion through "Release"
This document provides the normative legal qualification of the mechanism of forced expulsion through “release” identified in the practice of removing persons from places of deprivation of liberty and expelling them beyond the territory of the State while their criminal status remains legally unresolved.The analysis is conducted within the framework of the International Covenant on Civil and Political Rights and examines the compatibility of this mechanism with the guarantees of Article 12(4), Article 9 and Article 2(3) of the Covenant.The document defines the legal consequences of such practice and formulates its legal qualification as a hidden form of expulsion incompatible with the obligations of the State under international human rights law. This document is part of the research series “Forced Expulsion through ‘Release’”. Suggested citation (research framework)Baradzin, Aleh (2026).Forced Expulsion through "Release": Conceptual and Analytical Research Framework.Research Series. Suggested citation (this document)Baradzin, Aleh (2026).Normative Legal Qualification of the Mechanism of Forced Expulsion through "Release".Zenodo. https://doi.org/10.5281/zenodo.18928282
Deportation, Human Rights, Political Prisoners, Freedom of Movement, State Repression, Rule of Law, forced-expulsion-through-release, Right to Return, Belarus, Enforced Disappearance, Authoritarianism, International Human Rights Law, ICCPR, Exile, UN Human Rights, Transnational Repression, Arbitrary Detention, expulsion mechanism, research series
Deportation, Human Rights, Political Prisoners, Freedom of Movement, State Repression, Rule of Law, forced-expulsion-through-release, Right to Return, Belarus, Enforced Disappearance, Authoritarianism, International Human Rights Law, ICCPR, Exile, UN Human Rights, Transnational Repression, Arbitrary Detention, expulsion mechanism, research series
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