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Al-Husin v. Bosnia and Erzegovina, No. 3727/08, ECtHR (Fourth Section), 7 February 2012


Expulsion of a foreigner on national security grounds. Suspected links with terrorist groups. Risk of torture and inhumane and degrading treatment in the country of destination. Violation of procedural guarantees. Secret evidence. 

Normative references

Art. 3 ECHR


1. The expulsion of a person on national security grounds violates art. 3 ECHR is there are reasonable grounds to believe that, in the country of destination, the person will suffer torture or other inhuman or degrading treatment. 

2. The use of secret evidence to ground the expulsion decision, not disclosed to the concerned person nor to his/her lawyer, violates procedural guarantees.