header-logo header-logo

19 March 2009 / Dr Jennifer Tooze
Issue: 7361 / Categories: Features , Public , Human rights
printer mail-detail

Deportation with assurances

Assurances are an effective and lawful tool in terrorism deportation cases. Dr Jennifer Tooze explains why

* * * * * *

Article 3 of the European Convention on Human Rights (the Convention) renders deportation unlawful where there are substantial grounds for believing that an individual will face a real risk of torture, inhuman or degrading treatment or punishment on return (the principle was established first in relation to extradition; Soering v UK [1989] ECHR 14038/88). The European Court of Human Rights (ECtHR) has held that assurances provided by the government of the receiving country can in principle remove a real risk of ill-treatment but that their adequacy must be considered on a case by case basis (Saadi v Italy [2008] ECHR 37201/06).

With Art 3 of the Convention in mind, the UK government has agreed procedures for seeking assurances (in most cases Memoranda of Understanding) with Algeria, Ethiopia, Jordan, Lebanon and Libya in respect of the treatment of certain persons (primarily those to be deported on national security grounds, who are

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
back-to-top-scroll