Seminar Paper – Articles 2 & 3 (February 2006, Sean Wilken)

Seminar Paper – Articles 2 & 3 (February 2006, Sean Wilken)


This paper was originally presented at a seminar in Chambers in February 2006.

“There has been no successful national security deportation from the UK since 1997.

The oft perceived obstacle to national security deportations is the argument that removal would be contrary to Articles 2/3 of the ECHR as read through Chahal v UK. This argument is to the effect that any MoU or assurance will not suffice to protect against treatment contrary to Article 3 on removal.

This paper considers whether Chahal (as a matter of fact) poses such an obstacle to removal and, if so, on what bases Chahal could be reconsidered. This paper does not address the political issue of whether Chahal should be reconsidered and, if so, in what context.

It does so against the background of the UK Government’s seeking and obtaining of assurances and MoU’s from other nation states as to the treatment which will be received on return.”

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