Article 3: Freedom from torture or inhuman or degrading treatment Flashcards
1
Q
R (Limbuela) v SSHD (2005)
A
Not providing an asylum seeker with any support, while also prohibiting them from working, such as to leave them destitute, can breach Article 3
NOTE: It’s based on the facts - is there a real risk they will become destitute
2
Q
Soering v UK (1989)
A
Sending a prisoner to America where they will sit on death row can breach Article 3
It was the death row part, rather than the execution, that breached A3
3
Q
Chahal v UK (1996)
A
When considering deportation when A3 will be breached, the conduct of the person being deported is not relevant, as A3 is absolute
