Absolute rights The classic absolute right is freedom from torture, inhuman, or degrading treatment.142 There can never be a justification for violating this type of right. For example, as will be explained in more detail below, interrogation techniques in relation to suspected terrorists in Northern Ireland were held to amount to inhuman and degrading treatment. As such, not even national security could justify exposing individuals to that level of treatment.143 Another example of the obligation on the state to protect people from torture is the Chahal case.144 The applicant was a Sikh terrorist from India who was in the United Kingdom. The UK authorities wanted to deport him. It was accepted by the Court that if he were to be deported to India he would be at serious risk of torture. The European Court therefore said that, due to the absolute nature of the right to protection from torture, the UK Government could not return someone to be exposed to likely torture even when national security issues were at stake and even where the Indian Government provided assurances it would not mistreat him as the Court found that the Indian Government did not have sufficient control over the security services in that particular area to enforce such assurances. Other examples of absolute rights include protection from slavery and elements of the obligation to protect life. Limited rights The right to liberty, is a good example of a limited right.145 The right is asserted in absolute terms in the first sentence of the relevant articles of the ICCPR and ECHR that guarantee it, but the articles go on to state that there may be limits to it. The articles then spell those specific limits out. For example, the right to liberty can be taken away from an individual following conviction by a competent court. The right to a fair trial is absolute to the extent that the trial taken as a whole must be fair; however, there are certain specific and implied limits that have been read into it.146 Qualified rights Qualified rights are those rights where the right is first asserted — for example, the guarantee of freedom of expression or freedom of association — and then permissible restrictions can be applied. The relevant articles explain that it can be lawful to qualify a right if it is necessary in a democratic society to do so and that there is a legal basis for such limits. Therefore, it can be lawful to place limits on the right to freedom of expression, the right to private life, the right to protest, the right to join trade unions, and the right to manifest religious belief. The burden of proof is on the individual to establish that there has been an interference with his or her rights. The burden then shifts to the state to justify the interference. 142 Article 7 ICCPR. Protection against torture, inhuman or degrading treatment is also contained in Article 3 ECHR. 143 ECtHR, Ireland v. UK, Application no. 5310/71, 18 January 1978, paras. 162-164. 144 ECtHR, Chahal v. UK, Case no. 70/1995/576/662, 25 October 1996. 145 As contained in Article 9 ICCPR and Article 5 ECHR. 146 See Chapter 12 for further details. Countering Terrorism, Protecting Human Rights 67