Case summaries
ECtHR - Chahal v. The United Kingdom, Application No. 22414/93, 15 November 1996
Country of applicant:
India, United Kingdom
Keywords:
Assessment of facts and circumstances, Effective access to procedures, Detention, Effective remedy (right to), Procedural guarantees, Torture, Refugee Status, Real risk, Final decision, Return
This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4).
Date of decision:
15-11-1996