As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
What occurred in Chechnya in late winter went beyond beatings and blackmail. Ali appears to have been one of the first men to be swept up in the recent wave of detentions of gay men, carried out on orders from the top of the Chechen government. Those who were brought in and later released issued dire warnings on Russian social networks, in closed groups for Chechen gay men. On April 1st, Novaya Gazeta, a Moscow newspaper with a long and distinguished track record of reporting from Chechnya, published an article claiming that it had been able to confirm more than a hundred arrests and three deaths resulting from this sweep.BACK TO TOP