OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
59
individual’s deportation would be compatible with his of her rights under
the Convention (see also Ismoilov and Others, cited above, §126).
185. Third, it is well-established that expulsion by a Contracting State
may give rise to an issue under Article 3, and hence engage the
responsibility of that State under the Convention, where substantial grounds
have been shown for believing that the person concerned, if deported, faces
a real risk of being subjected to treatment contrary to Article 3. In such a
case, Article 3 implies an obligation not to deport the person in question to
that country. Article 3 is absolute and it is not possible to weigh the risk of
ill-treatment against the reasons put forward for the expulsion (Saadi v. Italy
[GC], no. 37201/06, §§ 125 and 138, ECHR 2008-...).
186. Fourth, the Court accepts that, as the materials provided by the
applicant and the third party interveners show, there is widespread concern
within the international community as to the practice of seeking assurances
to allow for the deportation of those considered to be a threat to national
security (see paragraphs 141- 145 above and Ismoilov and Others, cited
above, §§ 96-100). However, it not for this Court to rule upon the propriety
of seeking assurances, or to assess the long term consequences of doing so;
its only task is to examine whether the assurances obtained in a particular
case are sufficient to remove any real risk of ill-treatment. Before turning to
the facts of the applicant’s case, it is therefore convenient to set out the
approach the Court has taken to assurances in Article 3 expulsion cases.
187. In any examination of whether an applicant faces a real risk of
ill-treatment in the country to which he is to be removed, the Court will
consider both the general human rights situation in that country and the
particular characteristics of the applicant. In a case where assurances have
been provided by the receiving State, those assurances constitute a further
relevant factor which the Court will consider. However, assurances are not
in themselves sufficient to ensure adequate protection against the risk of
ill-treatment. There is an obligation to examine whether assurances provide,
in their practical application, a sufficient guarantee that the applicant will be
protected against the risk of ill-treatment. The weight to be given to
assurances from the receiving State depends, in each case, on the
circumstances prevailing at the material time (see Saadi, cited
above, § 148).
188. In assessing the practical application of assurances and determining
what weight is to be given to them, the preliminary question is whether the
general human rights situation in the receiving State excludes accepting any
assurances whatsoever. However, it will only be in rare cases that the
general situation in a country will mean that no weight at all can be given to
assurances (see, for instance, Gaforov v. Russia, no. 25404/09, § 138,
21 October 2010; Sultanov v. Russia, no. 15303/09, § 73, 4 November 2010;
Yuldashev v. Russia, no. 1248/09, § 85, 8 July 2010; Ismoilov and Others,
cited above, §127).
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