ЕКСТЕРИТОРИЈАЛНО ДЕЈСТВО ЧЛАНА 3 ЕВРОПСКЕ КОНВЕНЦИЈЕ ЗА ЗАШТИТУ ЉУДСКИХ ПРАВА И ОСНОВНИХ СЛОБОДА
EXTERRITORIAL EFFECT OF ARTICLE 3 OF ECHR

Summary/Abstract: Article 3 of The Convention for the Protection of Human Rights and Fundamental Freedoms protects individuals from being ill-treated within the territory of a High Contracting Party. Nevertheless, this article applies also when ill-treatment has not occurred yet, but there is a real risk of occurring. In that case, ill-treatment will occur only if an applicant is physically transferred to a territory of other state. So there is a real risk that applicant will be ill-treated within the territory of that other state, not the one that has transferred him or her. That situation is called exterritorial effect of the Article 3 of the Convention. Applicant has to prove that there is a real risk of ill-treatment, if transferred to the other state. Ill-treatment shall be assessed solely by the standards from the case-law of the European Court of Human Rights. This kind of effect of the Article 3 of the Convention regularly occurs in the situations of extradition, deportation and asylum.

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