Chahal v. United Kingdom

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 a Sikh separatist to India because of the risk of violations of Article 3, in the form of torture or inhuman or degrading treatment or punishment.[1] The Court emphasised the fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of a victim's conduct."[2] The judgement builds on the landmark Soering v United Kingdom (1989).

The Court also found "a violation of article 5 § 4 of the Convention (which guarantees a right of judicial review of the lawfulness of detention), so far as the domestic courts were not provided with information relating to national security and were thus unable to review whether the decision to detain the applicant was justified; the ‘procedural short-comings’ of the United Kingdom's special advisory panel in security cases meant that it could not be considered to be a ‘court’ for the purposes of article 5 § 4."[1]

References

  1. ↑ 1.0 1.1 "European Court of Human Rights Chahal v. The United Kingdom", Int J Refugee Law (1997) 9(1): 86-121 doi:10.1093/ijrl/9.1.86
  2. ↑ Chahal v. United Kingdom (1997) 23 EHRR 413.

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