Othman (Abu Qatada) v. the United Kingdom, No. 8139/09, ECtHR (Fourth Section), 17 January 2012

 International terrorism. Extradition and risk of torture. Right to a fair trial and associated procedural guarantees. Violation of art. 6 ECHR. 

Art. 6 ECHR

1. The extradition of a person charged with terrorist crimes from the United Kingdom to Jordan would violate art. 6 ECHR, since there are not enough guarantees that, once in Jordan, he would not be torture in order to obtain evidence from him. This situation would thus amount to a "flagrant denial of justice". 

2. It is for the applicant to adduce evidence to prove that, if expelled or extradited to a third state, he/she would be subject to a "flagrant denial of justice". The standard to be adopted is that of the "real risk". 

3. The use of evidence obtained through torture violates art. 6 ECHR even when such evidence has been extracted from a third party.