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Article 3 Human Rights

May 17, 2019 407

In a case which reached the European Court of Human Rights (ECtHR), the Iranian authorities had attempted to extradite a Georgian man (GS) who was being held in Bulgaria. He had been arrested in Bulgaria on the basis of an Interpol Red Notice. The Iranian authorities wanted him because he had been prosecuted on a charge of theft.

However, GS had made an application to the ECtHR on the basis that if he were extradited to Iran and if he were found guilty of the offence he would suffer unacceptably harsh treatment.

Specifically, he claimed that he would be sentenced to lashes. The Bulgarian Government had been given assurances by the Iranian Government that he would not; they said that he would only be imprisoned if found guilty.

But the ECtHR did not trust the assurances of the Iranian Government. As they pointed out, it is well-known that flogging is a common punishment in Iran for those convicted of theft. They said that for the Bulgarian authorities to extradite GS to Iran would be in violation of Article 3 of the European Convention on Human Rights, which prohibits “torture” or “inhuman or degrading treatment or punishment”. It also prohibits countries which are signed up to the Convention from sending somebody to a country where they were likely to suffer such treatment.

So the Iranian Government failed in its attempt to extradite him.

Article 3 operates without qualification. If somebody can show that they are likely to suffer treatment which violates it they can apply to the relevant authority to be allowed to stay where they are safe on that basis alone.

If you have any such issues we at Get UK Visa may be able to help you. We have extensive experience in dealing with cases of this kind.

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