AUAD v. BULGARIA JUDGMENT
35
such as Amnesty International, or governmental sources, including the
United States Department of State. At the same time, it has held that the
mere possibility of ill-treatment on account of an unsettled situation in the
receiving country does not in itself give rise to a breach of Article 3, and
that, where the sources available to it describe a general situation, an
applicant’s specific allegations in a particular case require corroboration by
other evidence.
(e) In cases where an applicant alleges that he or she is a member of a
group systematically exposed to a practice of ill-treatment, the protection of
Article 3 enters into play when the applicant establishes, where necessary on
the basis of the sources mentioned in the previous subparagraph, that there
are serious reasons to believe in the existence of the practice in question and
his or her membership of the group concerned.
(f) With regard to the material date, the existence of the risk must be
assessed primarily with reference to those facts which were known or ought
to have been known to the Contracting State at the time of expulsion.
However, if the applicant has not yet been removed when the Court
examines the case, the relevant time will be that of the Court’s examination.
Accordingly, while historical facts are of interest in so far as they shed light
on the current situation and the way it is likely to develop, the present
circumstances are decisive.
100. In paragraphs 140-42 of the same judgment the Court, in response
to arguments by certain governments in relation to the standard of proof in
such matters, reaffirmed that for a planned expulsion by a Contracting State
to be in breach of the Convention, it is sufficient for substantial grounds to
have been shown for believing that there is a real risk that the person
concerned will be subjected in the receiving country to treatment prohibited
by Article 3, even where he or she is regarded as presenting a threat to the
Contracting State’s national security.
101. Thus, any considerations in the present case having to do with the
question whether the applicant presents a risk to the national security of
Bulgaria are irrelevant for the Court’s examination. The salient issue is
whether substantial grounds have been shown for believing that there is a
real risk that he will face ill-treatment or death if the order for his expulsion
is implemented (see Ismoilov and Others v. Russia, no. 2947/06, § 126,
24 April 2008). The Court notes in this connection that the Supreme
Administrative Court did not attempt to assess the question of risk,
confining itself to the question of the lawfulness of the expulsion order. It is
a matter of regret that that court found the applicant’s statement about the
risk which he faced if he were to be returned to Lebanon “irrelevant for
the ... proceedings” (see paragraph 23 above). Not only does the judgment
of the Supreme Administrative Court not assist the Court in the assessment
of the risk, such approach cannot be considered compatible with the need
for independent and rigorous scrutiny of the substance of the applicant’s
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