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)