7. EUROPEAN CASE LAW ON MIGRATION CASES15 7.1. Article 3 „Prohibition of torture”  Soering v. the United Kingdom, 14038/88, 07.07.1989 The plaintiff, Jens Soering, a German national, born on 1 August 1966, was in a prison in the United Kingdom, awaiting extradition to the United States, where he was to be tried in Virginia for two counts of murder. He argued that despite assurances from US authorities, there was a significant likelihood of being sentenced to death if he were extradited to the US. In addition, in view of the particular circumstances of his case, and in particular the "death aisle syndrome", he would be subjected to inhuman and degrading treatment and punishment which are contrary to the provisions of Article 3 of the Convention. The ECtHR has ruled for the first time that a state's liability can be incurred if it decides to expel a person who may be ill-treated in the country of destination.  Saadi v. Italy, 37201/06, 28.02.2008 The plaintiff, a Tunisian national who had been sentenced in Italy on charges of, inter alia, criminal conspiracy, was deported from Italy to Tunisia, where he risked ill-treatment. The Court considered that the possibility that the applicant posed a serious threat to the community did not in any way diminish his risk of injury if he had been expelled. In addition, reliable sources on human rights have reported cases of ill-treatment of detainees in Tunisia, especially those convicted of terrorist offenses. Also, the diplomatic assurances offered in this case did not deny this risk either. The Court therefore considered that there were serious and well-founded reasons to believe that the plaintiff was exposed to a real risk of being treated contrary to Article 3 of the Convention if he had been deported to Tunisia.  Muminov v. Russia, 42502/06, 11.12.2008 The plaintiff was an Uzbek national who, according to available information, appeared to be serving a five-year prison sentence in Uzbekistan after being extradited from Russia. The ECtHR considered that, although there was no other reliable information on the plaintiff’s situation following his extradition, apart from his conviction, there were sufficient credible reports of widespread ill-treatment of detainees in Uzbekistan. The ECtHR has established: 15 The notion of "expulsion" is used by the ECtHR in a generic sense and includes any measure that forces the foreigner to leave the territory of the country, except for extradition.. 58