Rigourous scrutiny must be conducted of an individual's claim that his or her deportation to a third country will expose that individual to torture or inhuman or degrading treatment or punishment. Given the irreversible nature of the harm that might occur if the risk of torture or ill-treatment alleged materialised and the importance attached to the prohibition of such conduct, the notion of an effective remedy requires independent and rigorous scrutiny of a claim that there exist substantial grounds for fearing a real risk of treatment contrary to the prohibition of torture or inhuman or degrading treatment or punishment and the possibility of suspending the implementation of the measure impugned.
Human Rights Case Digest – Brill
Published: Jan 1, 2000
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