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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll