Contents 10 1 Framing the Intervention 14 16 20 22 25 29 Introduction 1.1 The Stakes 1.2 Argument and Contribution of the Report 1.3 Political and Legal Historical Background 1.4 The Foreigners Tribunals 1.5 Structure of the Report Part I 2 Institutionalised Arbitrariness: Violating the Rule of Law and the Right to Effective Remedies 37 38 40 43 48 50 59 60 63 3 Introduction 2.1 The Principle of Legality 2.2 Missing Legal Foundations 2.3 Missing Legal Oversight 2.4 The Rule of Law Norms of Institutional Integrity 2.5 Compromised Independence 2.6 Violating Impartiality 2.7 Absent Competence Conclusion Illusions of a Process: Violating the Right to Fair Trial 67 68 69 72 74 77 79 82 Introduction 3.1 The Imagined Process 3.2 Misconceptualized “Burden of Proof” 3.3 Everyday Experiences in the Foreigners Tribunals 3.4 Violating the Principle of Equality of Arms 3.5 Failing Self-Correction Mechanisms 3.6 Need for an Appellate and Judicious System Conclusion