AC-2024-LON-004168 - [2025] EWHC 2268 (Admin)

Fecha: 04-Sep-2025

The Law in relation to Article 3 of the European Convention on Human Rights

The Law in relation to Article 3 of the European Convention on Human Rights

Article 3 of the European Convention on Human Rights (“ECHR”) provides that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. To rely upon Article 3, an applicant must demonstrate:

“substantial grounds for believing that a person, if returned, faces a real risk of being subjected to torture or to inhuman or degrading treatment or punishment”.

As Lord Bingham stated in R (Ullah) v Special Immigration Adjudicator [2004] 2 AC 323, at [24], “real risk” signifies something “more than fanciful”.

It is well established that the presumption of compliance has been rebutted in relation to Bulgaria following the ECtHR pilot judgment in Neshkov v Bulgaria (27 January 2015). Consequently, assurances are required in relation to conditions of detention.

The evaluation of such assurances must consider the importance of the principle of mutual trust between States, as affirmed in Zabolotnyi v Mareszalka District Court, Hungary [2021] UKSC 14 at [31-34]. The criteria for evaluating assurances, as set out by Mitting J in BB v Secretary of State for the Home Department, SC/39/2005,quoted by the Divisional Court in Sunca v Iasi Court of Law and others [2016] EWHC 2786 (Admin),approved by the Court of Appeal and consistent with Othman (Abu Qatada) v UK (2012) 55 EHRR 1 at [189], dictate four general conditions:

If fulfilled, the person will not be subjected to treatment contrary to Article 3;

ii)

The assurances must be given in good faith;

iii)

There must be a sound objective basis for believing they will be fulfilled; and

iv)

Fulfilment must be capable of being verified.

In Georgiev and Others v Regional Prosecutor’s Office, Shuman, Bulgaria [2018] EWHC 359 (Admin), at [61], the Divisional Court observed that Bulgarian assurances, given its status as a signatory to the ECHR and an EU Member State, “must be accepted unless there is cogent reason to believe they will not be honoured”. It is noteworthy that there has been no suggestion that Bulgaria has a history of failing to fulfil bilateral extradition assurances.