ECtHR, XX and Others v. the United Kingdom, Nos. 24027/07; 11949/08; 36742/08; 66911/09; 67354/09, 2012

• 2012
• United Kingdom

Topics

Membership in a terrorist organisation

Legal bases

European Convention on Human Rights 1972 UK-USA Extradition Treaty

Courts

European Court of Human Rights (ECtHR)

Laws

Torture, degrading and inhuman and treatment

Relevant links

• https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-110267%22]}
• https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-3906939-4510631%22]}
• https://www.echr.coe.int/Documents/FS_Terrorism_ENG.pdf

Facts

The case concerns six alleged international terrorists who have been detained in the UK pending extradition to the United States of America. Between 1999 and 2006, the applicants were indicted on various terrorism charges in the USA. The US Government requested each applicant’s extradition from the UK. The applicants were arrested in the UK and placed in detention pending extradition. The applicants argued the deportation was a breach of Article 3 of the Convention.

Legal grounds

1972 UK-USA Extradition Treaty; Article 3 of the ECHR.

Findings

The Court found that, given assurances provided by the USA, there was no real risk that the applicants, if extradited to the USA, would either be designated as enemy combatants (with the consequences of the death penalty) or subjected to extraordinary rendition. Therefore, the Court found no violation of Article 3 if the applicants were to be deported. It also found that there would be no violation of Article 3 as a result of the length of their possible sentences if they were to be deported.