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A state can breach Article 3 by extraditing or deporting an individual to a country where upon their return might be subject to torture, inhuman or degrading treatment or punishment. In Chahal v United Kingdom [1996] [20] the United Kingdom had initiated deportation proceedings, for national security reasons, on an Indian citizen.
Soering v United Kingdom 161 Eur. Ct. H.R. (ser. A) (1989) is a landmark judgment of the European Court of Human Rights (ECtHR) which established that extradition of a German national to the United States to face charges of capital murder and their potential exposure to the death row phenomenon violated Article 3 of the European Convention on Human Rights (ECHR) guaranteeing the right against ...
The Home Office refused the claimants state support under Section 55 of the Nationality, Immigration, and Asylum Act 2002, [2] under the basis that the asylum seekers did not make their claim as soon as reasonably practical. [3] Article 3 of the ECHR prohibits torture, inhuman or degrading treatment and/or punishment of individuals. [4]
Chahal v United Kingdom (23 EHRR 413) was a 1996 judgment of the European Court of Human Rights which applied Article 3 of the European Convention on Human Rights, prohibiting the deportation of Sikh separatist Mr Chahal to India because of the risk of violations of Article 3, in the form of torture or inhuman or degrading treatment or punishment.
By a majority of six votes to one, the court held Tyrer's birching to constitute degrading treatment contrary to the Article 3 of the European Convention on Human Rights. [2] Significant conclusions of the case included that "the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of ...
Breach of confidence in English law is an equitable doctrine that allows a person to claim a remedy when their confidence has been breached. A duty of confidence arises when confidential information comes to the knowledge of a person in circumstances in which it would be unfair if it were disclosed to others. [ 1 ]
Common-law protection was sufficient privacy protection for the ECHR's purpose. The assertion that there may have been a breach of Article 3 (inhuman and degrading treatment) was completely unfounded. [2] He also held that there was no claim for a tort of intention to cause harm under the Wilkinson v Downton case.
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. [1] Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights.