header-logo header-logo

Deportation with assurances

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

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll