Published online by Cambridge University Press: 01 January 2021
Human rights — Torture and inhuman and degrading treatment — Deportation to non-contracting State — Whether State responsible if it expels individual to State where risk of being subjected to torture — Existence of risk to be assessed at date case decided by Court as applicant had not yet been deported — Absolute nature of prohibition on torture and ill-treatment irrespective of individual’s conduct and activities however undesirable or dangerous — Court’s assessment of risks to prominent Sikh activist in India — European Convention on Human Rights, 1950, Article 3
Human rights — Right to liberty and security of the person — Deprivation of liberty with a view to deportation — Need for deportation proceedings to be prosecuted with due diligence — Length of deportation proceedings-Guarantees against arbitrariness of deportation proceedings — Right to take proceedings to decide lawfulness of detention — Substantive and procedural shortcomings of judicial review and advisory panel proceedings in cases involving alleged threats to national security — European Convention on Human Rights, 1950, Article 5
Human rights — Right to an effective remedy in domestic law to enforce Convention rights and freedoms — Need for scrutiny independent from claim of existence of grounds for belief of risk of ill-treatment — Need for such scrutiny to ignore claims of threat to national security posed by individual — Substantive and procedural shortcomings of judicial review and advisory panel proceedings — European Convention on Human Rights, 1950, Article 13