AUAD v. BULGARIA JUDGMENT 31 THE LAW I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 89. The applicant alleged that if expelled to Lebanon, he would face a real risk of ill-treatment or death. He relied on Article 3 of the Convention, which provides as follows: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” A. The parties’ submissions 90. The Government submitted that the applicant’s fears were groundless in view of the prohibition in section 44a of the Aliens Act 1998 on the expulsion of aliens to a country where their health or life would be in jeopardy. The order to expel him had been intended to protect the national security of Bulgaria. However, its enforcement was subject to the provisions of section 44a, which coincided with the principles underlying Articles 2, 3 and 5 of the Convention. The practice in such cases was for the competent authorities, which worked in close cooperation with the Ministry of Foreign Affairs and non-governmental organisations, to verify the issue upon expulsion of their own motion. The Ministry of Foreign Affairs kept an updated list of safe third countries that could receive individuals in the applicant’s position. The authorities were thus complying with the absolute prohibition of Article 3 of the Convention, and, unlike the situation obtaining in Saadi v. Italy ([GC], no. 37201/06, ECHR 2008-...), were not seeking to balance national security considerations against the risk of ill-treatment faced by the applicant. The bar in section 44a applied to all aliens, including those subject to expulsion orders on national security grounds. 91. The applicant replied that the Government failed to say anything about the risk that he faced in Lebanon. As for their reliance on section 44a, there existed no mechanism to ensure its effective application. The only opportunity for him to invoke that provision to prevent his expulsion to Lebanon had been in the proceedings for judicial review of the expulsion order. However, the Supreme Administrative Court had held that the point was irrelevant. In any event, the only procedure in which the applicant could prove that he risked death or ill-treatment were asylum proceedings. When examining his asylum request, the State Refugees Agency had found that risk to be real, based as it was on the applicant’s personal circumstances and the general situation in the Palestinian refugee camps in Lebanon. On that account it had granted him humanitarian protection. The risk could therefore

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents