foreigner must be given the opportunity to present the reasons that plead against his expulsion; b) to
request the examination of his situation; c) to request to be represented before the authorities.
The ECtHR has also established that Article 8 (right to respect for private and family life) contains
procedural guarantees to prevent arbitrary interference with the right to privacy and family life. This
can be important for people who have been in a state for a long time and who may have developed a
private and family life there or who may be involved in court proceedings in that state. Deficiencies
in the procedural aspects of decision-making within the meaning of Article 8 may lead to an
infringement of Article 8 (2) on the grounds that the decision did not comply with the law.
Article 13 of the International Covenant on Civil and Political Rights provides that “an alien
lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in
pursuance of a decision reached in accordance with law and shall, except where compelling reasons
of national security otherwise require, be allowed to submit the reasons against his expulsion and to
have his case reviewed by, and be represented for the purpose before, the competent authority or a
person or persons especially designated by the competent authority”.
The UN Human Rights Committee reiterated in one of its general comments (General Comment
15/27 of 22 July 1986, paragraph 10) that "Article 13 directly governs only the procedure and not
the substantive grounds for expulsion". The Committee also recalls that the person who is the
subject of an expulsion order should have access to legal representation in order to be able to
present reasons for his expulsion (Concluding Observations on Denmark, 31 October 2001,
paragraph 17).
The ECtHR has emphasized that when the human right in question is an absolute right (prohibition
of torture or the right to life), non-return becomes an absolute right and cannot be the subject of any
exception, either in law or in practice. This practice applies regardless of national security
considerations, other public interests, economic pressures or large flows of migrants.
65
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