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Cruz Varas and Others v. Sweden
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Jurisdiction — Torture and inhuman and degrading treatment — Expulsion to non-contracting State — Whether State responsible if it expels individual to State where at risk of being subjected to torture — Existence of risk to be assessed with reference to facts known or which ought to have been known to respondent government at date of expulsion — Court’s assessment of applicant’s credibility, situation in State to which expelled and risk to which applicant exposed — Minimum level of severity of ill-treatment — Need for substantial basis for applicant’s fears — European Convention on Human Rights, 1950, Article 3
Human rights — Respect for family life — Expulsion order — Separation of family occasioned by non-compliance with expulsion order by second and third applicants — Absence of obstacles to establishing family life in State of origin — European Convention on Human Rights, 1950, Article 8
International tribunals — Interim measures — European Commission of Human Rights — Power of Commission to make binding interim orders — Absence of specific provision granting power — Absence of implied power on the basis of prohibition on interference with the exercise of right of individual petition or on the basis of Rule 36 of Rules of Procedure of the Commission — State practice — Compliance with Rule 36 indications — Impossibility of such practice giving rise to new substantive power — Absence of general international law principle on power to make binding interim orders — Special circumstances in which Rule 36 indications given — Aggravation of violation if Rule 36 indication not complied with — European Convention on Human Rights, 1950, Article 25
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