This Article prohibits torture and “inhuman or degrading treatment or punishment.” The UK has an obligation to adhere to this and not return individuals who have a real risk of being subjected to this if returned to their country of origin.
This could be a direct or an indirect breach. Indirect breaches of Article 3 occur when other fundamental rights are breached to such an extent as to constitute torture, inhuman or degrading treatment or punishment.
Article 3 of the ECHR may also be breached on medical grounds where there is a complete absence of treatment, facilities or social support in the individual’s home country which may result in death or cause acute physical or mental suffering.
Other than the cases mentioned above, this Article can also apply to cases of severe police violence and poor conditions in detention.
If you think you may be eligible to apply under this category, contact us so that we can assess your claim immediately. It is better for your immigration case if you do not delay and act today!