ECHR Article 3 — Prohibition of Torture (Non-Refoulement)

Summary

Article 3 ECHR absolutely prohibits torture and inhuman or degrading treatment. The ECtHR has held (Soering v. UK; Chahal v. UK; NA. v. UK) that Art. 3 creates an absolute prohibition on removal of any person to a country where they face a real risk of such treatment. This is not subject to the terrorism-related exceptions in UK domestic law.

Relevance to the diaspora

Tamil asylum seekers facing deportation from Council of Europe states to Sri Lanka rely on Art. 3 where they can demonstrate a real risk of ill-treatment by Sri Lankan authorities; NA. v. UK (2008) specifically addressed the risk to failed Tamil asylum seekers returned to Sri Lanka.

Key provisions

• Art. 3 — absolute prohibition on torture, inhuman or degrading treatment
• Chahal v. UK (1996) — non-refoulement under Art. 3 is absolute regardless of national security
• NA. v. UK (2008) — Sri Lanka-specific risk assessment for Tamil returnees
• Soering v. UK (1989) — extraterritorial reach of Art. 3

Primary source

Related entries

• → Convention Relating to the Status of Refugees 1951 and Protocol 1967 (UN)
• → Human Rights Act 1998 (UK)
• → Prevention of Terrorism (Temporary Provisions) Act 1979 (Sri Lanka) (LK)

Where this law is used in the archive

No dossier, desk or evidence pack currently relies on this entry. It is indexed and sourced, but not yet load-bearing anywhere in the archive.