SOERING v. THE UNITED KINGDOM JUDGMENT
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Further, the Convention does not govern the actions of States not Parties to
it, nor does it purport to be a means of requiring the Contracting States to
impose Convention standards on other States. Article 1 (art. 1) cannot be
read as justifying a general principle to the effect that, notwithstanding its
extradition obligations, a Contracting State may not surrender an individual
unless satisfied that the conditions awaiting him in the country of
destination are in full accord with each of the safeguards of the Convention.
Indeed, as the United Kingdom Government stressed, the beneficial purpose
of extradition in preventing fugitive offenders from evading justice cannot
be ignored in determining the scope of application of the Convention and of
Article 3 (art. 3) in particular.
In the instant case it is common ground that the United Kingdom has no
power over the practices and arrangements of the Virginia authorities which
are the subject of the applicant’s complaints. It is also true that in other
international instruments cited by the United Kingdom Government - for
example the 1951 United Nations Convention relating to the Status of
Refugees (Article 33), the 1957 European Convention on Extradition
(Article 11) and the 1984 United Nations Convention against Torture and
Other Cruel, Inhuman and Degrading Treatment or Punishment (Article 3) the problems of removing a person to another jurisdiction where unwanted
consequences may follow are addressed expressly and specifically.
These considerations cannot, however, absolve the Contracting Parties
from responsibility under Article 3 (art. 3) for all and any foreseeable
consequences of extradition suffered outside their jurisdiction.
87. In interpreting the Convention regard must be had to its special
character as a treaty for the collective enforcement of human rights and
fundamental freedoms (see the Ireland v. the United Kingdom judgment of
18 January 1978, Series A no. 25, p. 90, § 239). Thus, the object and
purpose of the Convention as an instrument for the protection of individual
human beings require that its provisions be interpreted and applied so as to
make its safeguards practical and effective (see, inter alia, the Artico
judgment of 13 May 1980, Series A no. 37, p. 16, § 33). In addition, any
interpretation of the rights and freedoms guaranteed has to be consistent
with "the general spirit of the Convention, an instrument designed to
maintain and promote the ideals and values of a democratic society" (see the
Kjeldsen, Busk Madsen and Pedersen judgment of 7 December 1976, Series
A no. 23, p. 27, § 53).
88.
Article 3 (art. 3) makes no provision for exceptions and no
derogation from it is permissible under Article 15 (art. 15) in time of war or
other national emergency. This absolute prohibition of torture and of
inhuman or degrading treatment or punishment under the terms of the
Convention shows that Article 3 (art. 3) enshrines one of the fundamental
values of the democratic societies making up the Council of Europe. It is
also to be found in similar terms in other international instruments such as