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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> MB (Article 2, Article 3) Algeria CG [2002] UKIAT 01704 (28 May 2002) URL: https://www.bailii.org/uk/cases/UKIAT/2002/01704.html Cite as: [2002] UKIAT 01704, [2002] UKIAT 1704 |
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MB (Article 2, Article 3) Algeria
CG [2002]UKIAT 01704
HR15931-2001
Date of hearing: 9 May 2002
Date Determination notified: 28 May 2002
MB | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"Clearly from the evidence before me, the Appellant suffered no difficulties whilst he was inAlgeria
from any Islamic Fundamentalist group or from his cousin who he claims was in the GIA. I do not accept from the evidence before me that there are substantial grounds for believing if the Appellant is returned to
Algeria
that there is a real risk either that he would be killed and therefore Article 2 of the Human Rights Convention would be breached, that he would be treated in a way in breach of Article 3 or that Article 9 would be breached in that he would not be allowed to practice his Christian beliefs. In relation to Articles 2 and 3, I take into account that nothing happened to the Appellant for a considerable period of time whilst he was in
Algeria
because he practiced Christian beliefs. If an Islamic Fundamentalist group wished to kill him or treat him in a manner which would be in breach of Article 3 of the European Convention on Human Rights they had plenty of opportunity to do so. If his cousin was a member of the GIA and wished to cause harm to the Appellant because of his Christian beliefs, he had plenty of opportunity to do so. It is significant (if the Appellant's evidence is to be believed) that the Appellant did not suffer any difficulties from his cousin even though his cousin moved back to the Appellant's area in 1995."
"Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change his religion or belief and freedom either alone or in community with others and in public or private to manifest his religion or belief in worship, teaching, practice and observance."
Paragraph 2:
"Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety for the protection of public order, health or morals, or for the protection of the rights and freedoms of others."
"It is clear that the court does not attempt to impose the duties of the Convention on states that are not party to it. It is also clear that the fact that a person may be treated in a manner that would in a signatory state be a breach of the Convention, does not, in itself, render his expulsion to another country unlawful, unless either the breach will be of Article 3 or the consequences of return will be so extreme a breach of another Article that the returning state, as one of its obligations under the Convention, is obliged to have regard to them."
That, in our judgement, is of general application when considering Articles other than Articles 2 or 3 or indeed any Article that is truly absolute. Another example, perhaps, might be Article 4. The need to maintain an immigration control and the right of a state to maintain such control is, and has been, recognised by the European Court of Human Rights in a number of cases. Provided that the operation of such control is proportionate to any breach of an Article that might be occasioned by such control, that is to say any breach of an Article which is not absolute, has equally been recognised.
Mr Justice Collins
President