ECtHR decision in S.H.H. v. the United Kingdom (no. 60367/10) [Article 3 ECHR]

Friday, October 4, 2013

The applicant is an Afghan national who had been left disabled by a rocket launch in Afghanistan in 2006. He arrived in the United Kingdom in 2010 and applied for asylum, but his application was unsuccessful. Before the European Court of Human Rights, he alleged that his removal to Afghanistan would breach Article 3 ECHR as it would expose him to a higher risk of violence owed to his disability. He would also face lack of support and general discrimination.

The Court declared, by four votes to three, that there would not be a violation of Article 3 if Mr. S.H.H. were sent back to Afghanistan, as he had not alleged that his removal would put him at risk of deliberate ill-treatment from any party, nor that the levels of violence in Afghanistan were such as to entail a breach of Article 3. Furthermore, he had failed to prove that his disability would put him at greater risk of violence and that he would find himself in a situation of destitution. The Court noted in this respect that during the four years between the accident and his travel to the United Kingdom, he had received medical treatment and support.

For the full text of the judgment, visit the Court's website.

For the press release, please click here.

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Inhuman or degrading treatment or punishment
Vulnerable person