Ochrona wydalanych cudzoziemców na podstawie art. 3 Konwencji o ochronie praw człowieka i podsawowych wolności

Abstract

Aliens enjoy the right to be protected from expulsion or refoulement to a country in which they may be subjected to persecution or abuse. Expulsions of aliens should not be carried out without taking into account the possible risks to their lives and physical integrity in the countries of destination. The jurisprudence of the European Court of Human Rights provides valuable assistance in this regard. On the basis of this long-standing and consistent
jurisprudence, Article 3 of the European Convention on Human Rights implies an obligation not to expel a person to a country in which that person may be subjected to torture or to inhuman and degrading treatment. The Court’s reasoning has been absorbed into doctrine by means of the ‘protection by ricochet’ theory, by which reliance may be had on the rights arising under the Convention, not guaranteed as such by it but benefiting from its indirect protection as an associated guaranteed right.