EHRR 121, paras 76-77), the Council of Europe Standard Minimum
Rules for the Treatment of Prisoners (S v Switzerland (1991) 14 EHRR
670, para 48) and the 1975 Declaration referred to in para 31 below
(Ireland v United Kingdom (1978) 2 EHRR 25, para 167). More
pertinently to these appeals, the Court has repeatedly invoked the
provisions of the Torture Convention: see, for example, Aydin v Turkey
(1997) 25 EHRR 251, para 103; Selmouni v France (1999) 29 EHRR
403, para 97. In Soering v United Kingdom (1989) 11 EHRR 439, para
88, the Court said (footnotes omitted):
“Article 3 makes no provision for exceptions and no
derogation from it is permissible under Article 15 in time
of war or other national emergency. This absolute
prohibition on torture and on inhuman or degrading
treatment or punishment under the terms of the
Convention shows that Article 3 enshrines one of the
fundamental values of the democratic societies making up
the Council of Europe. It is also to be found in similar
terms in other international instruments such as the 1966
International Covenant on Civil and Political Rights and
the 1969 American Convention on Human Rights and is
generally recognised as an internationally accepted
standard.
The question remains whether the extradition of a fugitive
to another State where he would be subjected or be likely
to be subjected to torture or to inhuman or degrading
treatment or punishment would itself engage the
responsibility of a Contracting State under Article 3. That
the abhorrence of torture has such implications is
recognised in Article 3 of the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, which provides that ‘no State
Party shall . . . extradite a person where there are
substantial grounds for believing that he would be in
danger of being subjected to torture.’ The fact that a
specialised treaty should spell out in detail a specific
obligation attaching to the prohibition of torture does not
mean that an essentially similar obligation is not already
inherent in the general terms of Article 3 of the European
Convention. It would hardly be compatible with the
underlying values of the Convention, that ‘common
heritage of political traditions, ideals, freedom and the rule
of law’ to which the Preamble refers, were a Contracting
State knowingly to surrender a fugitive to another State
where there were substantial grounds for believing that he
-20-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents