IS IT PERMITTED TO STRIKE A BALANCE BETWEEN THE INTERESTS OF NATIONAL SECURITY OF A STATE AND THE RULE OF NON-REFOULEMENT IN THE CONTEXT OF ARTICLE 3 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS?

Abstract

This study will explore the development and challenges facing the principle of non-return to torture and inhuman and degrading treatment (principle of non refoulement) in the current security sensitive climate. Special attention will be put on the attempts by states to overcome the Article 3 of the European Convention on Human Rights barriers to removal of terrorist suspects. This includes looking at the challenge to the absolute nature of prohibition of torture and inhuman and degrading treatment and punishment by some states’ efforts to introduce a balancing test and the negotiation and use of diplomatic assurances.