Relatively Absolute? The Undermining of Article 3 ECHR in Ahmad v UK
Data(s) |
01/05/2013
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Resumo |
The recent decision of the European Court of Human Rights in Ahmad v UK dangerously undermines the well-established case law of the Court on counter-terrorism and non-refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to Article 3 ECHR adopted by the House of Lords in Wellington v Secretary of State for the Home Department, the Court appeared to accept that what is a breach of Article 3 in a domestic context may not be a breach in an extradition or expulsion context. This statement is difficult to reconcile with the jurisprudence constante of the Court in the last fifteen years, according to which Article 3 ECHR is an absolute right in all its applications, including non-refoulement, regardless of who the potential victim of torture, inhuman or degrading treatment is, what she may have done, or where the treatment at issue would occur.<br/> |
Identificador | |
Idioma(s) |
eng |
Direitos |
info:eu-repo/semantics/restrictedAccess |
Fonte |
Mavronicola , N & Messineo , F 2013 , ' Relatively Absolute? The Undermining of Article 3 ECHR in Ahmad v UK ' The Modern Law Review , vol 76 , no. 3 , pp. 589-603 . DOI: 10.1111/1468-2230.12025 |
Palavras-Chave | #non-refoulement #torture #Article 3 #ECHR #Ahmad #Abu Hamza #Wellington |
Tipo |
article |