Introduction = 5
Background considerations: movement of refugees in Europe from the Cold War to the present = 6
Part One: The role of the European Convention on Human Rights in protection from expulsion = 9
The applicability of the Convention to asylum cases = 9
1. Alienage = 12
2. Persecution for a “Convention reason” = 13
3. State responsibility = 14
4. Exclusion clauses = 15
5. Meeting the “real risk” test = 18
6. The significance of the jurisprudence of the UN CAT Committee = 23
The relationship between the case-law of the UN CAT and the European Convention on Human Rights = 23
7. The extraterritorial application of other articles = 24
Article 2 . The right to life = 24
Article 6 . The right to a fair trial = 24
Article 7 . Freedom from retroactive criminal offences and punishment = 25
Article 4 of Protocol No. 7 . Prohibition on double jeopardy = 25
Article 8 . Right to respect for family and private life = 25
The right to moral and physical integrity = 25
Article 4 of Protocol No. 4 . Prohibition on the collective expulsion of aliens = 26
8. Expulsion to “safe” countries = 27
9. Procedural guarantees and the right to an effective remedy where expulsion is threatened = 33
Access to asylum determination procedures = 33
Visas = 34
Carriers’ liability = 34
On arrival at the port = 35
Right to appeal or review and Article 13 = 36
The application of Article 6 . the right to a fair trial = 38
10. The subsidiary protection of the European Court of Human Rights = 39
The right of individual petition under the European Convention on Human Rights = 39
Interim measures under Rule 39 of the Rules of Procedure = 39
11. Forced expulsion of reluctant deportees = 40
Part Two: The role of the European Convention on Human Rights in situations not involving protection from expulsion = 43
1. Detention of asylum-seekers and those threatened with expulsion = 43
Detention pending determination of an asylum application = 45
The role of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment = 47
2. Family life = 48
3. Status of those whose claim is being examined or has been rejected = 50
Article 16 . Restrictions on the political activities of aliens = 51
Racism, xenophobia and the media = 52
Conclusion = 55
Appendices = 56
I. Key European Union texts relating to asylum = 56
II. Selected Council of Europe instruments relating to asylum = 57
III. Members of the Council of Europe which have ratified the European Convention on Human Rights (as at 15 May 2000) = 60
IV. Countries which have accepted the right of individual petition under the United Nations Convention against Torture (as at 15 May 2000) = 61
Notes = 62
Background considerations: movement of refugees in Europe from the Cold War to the present = 6
Part One: The role of the European Convention on Human Rights in protection from expulsion = 9
The applicability of the Convention to asylum cases = 9
1. Alienage = 12
2. Persecution for a “Convention reason” = 13
3. State responsibility = 14
4. Exclusion clauses = 15
5. Meeting the “real risk” test = 18
6. The significance of the jurisprudence of the UN CAT Committee = 23
The relationship between the case-law of the UN CAT and the European Convention on Human Rights = 23
7. The extraterritorial application of other articles = 24
Article 2 . The right to life = 24
Article 6 . The right to a fair trial = 24
Article 7 . Freedom from retroactive criminal offences and punishment = 25
Article 4 of Protocol No. 7 . Prohibition on double jeopardy = 25
Article 8 . Right to respect for family and private life = 25
The right to moral and physical integrity = 25
Article 4 of Protocol No. 4 . Prohibition on the collective expulsion of aliens = 26
8. Expulsion to “safe” countries = 27
9. Procedural guarantees and the right to an effective remedy where expulsion is threatened = 33
Access to asylum determination procedures = 33
Visas = 34
Carriers’ liability = 34
On arrival at the port = 35
Right to appeal or review and Article 13 = 36
The application of Article 6 . the right to a fair trial = 38
10. The subsidiary protection of the European Court of Human Rights = 39
The right of individual petition under the European Convention on Human Rights = 39
Interim measures under Rule 39 of the Rules of Procedure = 39
11. Forced expulsion of reluctant deportees = 40
Part Two: The role of the European Convention on Human Rights in situations not involving protection from expulsion = 43
1. Detention of asylum-seekers and those threatened with expulsion = 43
Detention pending determination of an asylum application = 45
The role of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment = 47
2. Family life = 48
3. Status of those whose claim is being examined or has been rejected = 50
Article 16 . Restrictions on the political activities of aliens = 51
Racism, xenophobia and the media = 52
Conclusion = 55
Appendices = 56
I. Key European Union texts relating to asylum = 56
II. Selected Council of Europe instruments relating to asylum = 57
III. Members of the Council of Europe which have ratified the European Convention on Human Rights (as at 15 May 2000) = 60
IV. Countries which have accepted the right of individual petition under the United Nations Convention against Torture (as at 15 May 2000) = 61
Notes = 62