European Court of Human Rights
The prohibition provided by Article 3 against ill-treatment is equally absolute in
expulsion cases. Thus, whenever substantial grounds have been shown for
believing that an individual would face a real risk of being subjected to
treatment contrary to Article 3 … if removed to another State, the responsibility
of the Contracting State to safeguard him or her against such treatment is
engaged in the event of expulsion…. In these circumstances, the activities of
the individual in question, however undesirable or dangerous, cannot be a
material consideration. The protection afforded by Article 3 … is thus wider
than that provided by Articles 32 and 33 of the United Nations 1951 Convention
on the Status of Refugees….
--Chahal v. the United Kingdom, ECHR, 15 November 1996 (para. 80).
*****
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 would be in danger of
being subjected to torture, however heinous the crime allegedly committed.
Extradition in such circumstances, while not explicitly referred to in the brief
and general wording of Article 3…, would plainly be contrary to the spirit and
intendment of the Article, and in the Court's view this inherent obligation not to
extradite also extends to cases in which the fugitive would be faced in the
receiving State by a real risk of exposure to inhuman or degrading treatment or
punishment proscribed by that Article….
[…]
The right to a fair trial in criminal proceedings, as embodied in Article 6…,
holds a prominent place in a democratic society…. The Court does not exclude
that an issue might exceptionally be raised under Article 6 … by an extradition
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