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Chahal v. the United Kingdom, No. 22414/93, ECtHR (Grand Chamber), 15 November 1996

Abstract

Suspected terrorist. Procedural guarantees. Right to a fair trial. Expulsion. Use of secret evidence. 

Normative references

Art. 3 ECHR

Ruling

1. The expulsion of a foreign national on national security grounds (he was suspected to have link with terrorism) may engage the responsibility of the United Kingdom under Article 3 ECHR if substantial grounds shown for believing there would be a real risk to deportee of torture or inhuman or degrading treatment or punishment in receiving country.

2. Deciding that a person must be expelled on the basis of evidence that is not disclosed to the concerned person nor to his/her lawyer constitutes a violation of procedural guarantees.