The obligation not to remove a person to a real risk of torture, inhuman or degrading treatment or punishment1 is absolute, regardless of the conduct of the person being expelled and regardless of the risk that person may pose to the country seeking to expel him2. The Supreme Court has approved a relativist approach to the scope of Article 3, that the desirability of extradition should be taken into account in assessing whether the punishment the person being extradited is likely to receive in the receiving country has reached the 'minimum level of severity' needed to violate the prohibition3,
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234