Are diplomatic assurances adequate guarantees of safety against torture and ill-treatment? The pragmatic approach of the Strasbourg Court

Volou, Aristi. 2015. Are diplomatic assurances adequate guarantees of safety against torture and ill-treatment? The pragmatic approach of the Strasbourg Court. UCL Journal of Law and Jurisprudence, 4(1), pp. 32-54. ISSN 2052-1871 [Article]

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Abstract or Description

The use of diplomatic assurances against torture and other ill-treatment has increased in recent years in response to the continued growth of international terrorism. However, this practice is controversial because it engages the Contracting States’ obligation not to extradite or expel a person where there are substantial grounds for believing that he or she would face a real risk of being subjected to treatment contrary to Article 3 ECHR in the receiving State. The Strasbourg Court’s pragmatic approach suggests that in certain circumstances, following an analysis of the quality of the assurances and their practical effect, diplomatic assurances can be adequate guarantees of safety. As a result, it will be argued that the Strasbourg Court cannot be accused of circumventing the absolute prohibition found in Article 3 ECHR by accepting the diplomatic assurances policy of the Contracting States. The author will conclude by arguing that the Strasbourg Court’s approach is effective as it reinforces the absoluteness of Article 3 ECHR while at the same time allowing States to protect their national security from terrorism.

Item Type:

Article

Identification Number (DOI):

https://doi.org/10.14324/111.2052-1871.029

Departments, Centres and Research Units:

Law

Dates:

DateEvent
17 March 2015Published

Item ID:

34712

Date Deposited:

02 Feb 2024 08:48

Last Modified:

02 Feb 2024 08:48

Peer Reviewed:

Yes, this version has been peer-reviewed.

URI:

https://research.gold.ac.uk/id/eprint/34712

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