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Relatively Absolute? The Undermining of Article 3 ECHR in Ahmad v UK

Messineo, Francesco, Mavronicola, N (2013) Relatively Absolute? The Undermining of Article 3 ECHR in Ahmad v UK. Modern Law Review, 76 (3). pp. 589-603. ISSN 0026-7961. E-ISSN 1468-2230. (doi:10.1111/1468-2230.12025) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:33381)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided.
Official URL:
http://dx.doi.org/10.1111/1468-2230.12025

Abstract

The recent decision of the European Court of Human Rights in Ahmad v UK dangerously undermines the well-established case law of the Court on counter-terrorism and non-refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to Article 3 ECHR adopted by the House of Lords in Wellington v Secretary of State for the Home Department, the Court appeared to accept that what is a breach of Article 3 in a domestic context may not be a breach in an extradition or expulsion context. This statement is difficult to reconcile with the jurisprudence constante of the Court in the last fifteen years, according to which Article 3 ECHR is an absolute right in all its applications, including non-refoulement, regardless of who the potential victim of torture, inhuman or degrading treatment is, what she may have done, or where the treatment at issue would occur.

Item Type: Article
DOI/Identification number: 10.1111/1468-2230.12025
Uncontrolled keywords: non-refoulement; torture; Article 3; ECHR; Ahmad; Abu Hamza; Wellington
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sarah Slowe
Date Deposited: 13 Mar 2013 11:33 UTC
Last Modified: 16 Nov 2021 10:10 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/33381 (The current URI for this page, for reference purposes)

University of Kent Author Information

Messineo, Francesco.

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