Deportation Complexities & Human Rights

Deportation Complexities: Open Discussions Needed to Uphold Human Rights

A recent article by Wilfried Embacher and Nikolai Schäffler highlights the complexities of deportation, emphasizing the need for open, fact-based discussions to address migration challenges effectively. The authors stress the importance of individual case assessments and the absolute prohibition of torture under Article 3 of the European Convention on Human Rights (ECHR).

Embacher and Schäffler argue that national courts, the European Court of Human Rights (ECtHR), and international organizations like the UN or NGOs such as Amnesty International and Human Rights Watch play crucial roles in investigating and reporting on destination countries' conditions. These assessments, based on up-to-date country reports and expert opinions, help determine the risk of violating Article 3 during deportation.

The authors clarify that the ECHR does not explicitly protect against deportation. However, they maintain that if there's a real risk of Article 3 violation in the destination country, deportation is impermissible, regardless of the individual's criminal status or nationality. They warn against amending Article 3 to exclude criminals, as it could lead to a slippery slope of excluding other groups from its protections.

Practical obstacles, such as lack of a passport or refusal of entry by the destination country, can also block deportations. The authors caution against public demands for unconditional deportations without considering the law, as this undermines the rule of law and sets a dangerous precedent.

Embacher and Schäffler's article underscores the necessity for careful, individual assessments in deportation cases to uphold the absolute ban on torture under Article 3 of the ECHR. It serves as a reminder that while addressing migration challenges, it's crucial to maintain a balanced approach that respects both the rule of law and human rights.