Traduction de «rule against restraint on alienation » (Anglais → Français) :

condition against alienation | condition in restraint of alienation

condition against alienation [ condition in restraint of alienation ]

4. Notes that the expulsions have targeted Roma specifically as a community generically considered as a threat to public order and safety, or as a burden on the social assistance and carried out in an extremely short lapse of time under modalities that included public stigmatization and the use of force and intimidation; no precise individual and case-by-case evaluation can reasonably and properly be done in such conditions; material and procedural safeguards have not been applied and guaranteed; the condition of proportionality has been violated; the measures could have been taken for economic ends or for general prevention; the di ...[+++]rective does not foresee any procedure allowing for the facilitated or voluntary return of EU citizens to the Member State of origin on the basis of an economic “compensation”, which would also be contrary to the spirit and letter of the Treaties, since freedom of movement is a fundamental right that cannot be alienated, bought or sold, and would create a discrimination between EU citizens; furthermore, according to Romanian authorities, none of those returned have ever committed a crime in France or in Romania, while French courts have ruled against authorities' expulsion decisions against Roma that were based on their being a "threat to public order";

It should also be noted that the United Nations Standard Minimum Rules for the Treatment of Prisoners provide that other instruments of restraint shall not be used except as a precaution against escape during a transfer, on medical grounds as directed by a medical officer, or, if other methods of control fail, in order to prevent a prisoner from injuring himself or others, or from damaging property.

The task is to win a struggle against adversaries who cast aside all human qualities, break every rule and every law, disregard national and moral boundaries, know no restraint and fanatically pursue the criminal aim of abolishing human freedom.

It should also be noted that the United Nations Standard Minimum Rules for the Treatment of Prisoners provide that other instruments of restraint shall not be used except as a precaution against escape during a transfer, on medical grounds as directed by a medical officer, or, if other methods of control fail, in order to prevent a prisoner from injuring himself or others, or from damaging property.