AUAD v. BULGARIA JUDGMENT
33
2. Merits
95. The Court wishes to emphasise at the outset that it is acutely
conscious of the difficulties faced by States in protecting their populations
from terrorist violence, which constitutes, in itself, a grave threat to human
rights (see, among other authorities, Lawless v. Ireland (no. 3), 1 July 1961,
§§ 28-30, Series A no. 3; Ireland v. the United Kingdom, 18 January 1978,
Series A no. 25; Öcalan v. Turkey [GC], no. 46221/99, § 179, ECHR
2005-IV; Chahal v. the United Kingdom, 15 November 1996, § 79, Reports
of Judgments and Decisions 1996-V; A. and Others v. the United Kingdom
[GC], no. 3455/05, § 126, ECHR 2009-...; and A. v. the Netherlands,
no. 4900/06, § 143, 20 July 2010). Faced with such a threat, the Court
considers it legitimate for Contracting States to take a firm stand against
those who contribute to terrorist acts, which it cannot condone in any
circumstances (see Daoudi v. France, no. 19576/08, § 65, 3 December
2009, and Boutagni, cited above, § 45).
96. The Court would next reiterate the principles governing the
Contracting States’ responsibility in the event of expulsion, as established in
its case-law and summarised, with further references, in paragraphs 124-27
of its judgment in the case of Saadi (cited above):
(a) As a matter of well-established international law, and subject to their
treaty obligations, including those arising from the Convention, Contracting
States have the right to control the entry, residence and removal of aliens.
Neither the Convention nor its Protocols confer the right to political asylum.
(b) However, expulsion by a Contracting State may give rise to an issue
under Article 3, and hence engage the responsibility of that State under the
Convention, where substantial grounds have been shown for believing that
the person concerned, if deported, faces a real risk of being subjected to
treatment contrary to Article 3. In such a case that provision implies an
obligation not to deport the person in question to a country where he or she
would face such a risk.
(c) In this type of case the Court is therefore called upon to assess the
situation in the receiving country in the light of the requirements of
Article 3. Nonetheless, there is no question of adjudicating on or
establishing the responsibility of the receiving country, whether under
general international law, under the Convention or otherwise. In so far as
any liability under the Convention is or may be incurred, it is liability
incurred by the Contracting State, by reason of its having taken action
which has as a direct consequence the exposure of an individual to the risk
of proscribed ill-treatment.
(d) Article 3, which prohibits in absolute terms torture and inhuman or
degrading treatment or punishment, enshrines one of the fundamental values
of democratic societies. Unlike most of the substantive clauses of the
Convention and of Protocols Nos. 1 and 4, Article 3 makes no provision for
exceptions and no derogation from it is permissible under Article 15, even
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