Human rights

Contracting States had the right as a matter of international law and subject to their treaty obligations, including the European Convention, to control the entry, residence and expulsion of aliens. However, expulsion by a contracting state might give rise to an issue under Art 3, and hence engage the responsibility of that state under the Convention, where substantial grounds had been shown for believing that the person concerned, if deported, faced a real risk of being subjected to treatment contrary to Art 3.

In such a case, Art 3 implied an obligation not to deport the person in question to that country. The assessment of whether there were substantial grounds for believing that the applicant faced such a real risk inevitably required that the Court assess the conditions in the receiving country against the standards of Art 3 of the Convention.