Özet:

The European Court of Human Rights has developed important procedural protections under Article 3 of the European Convention of Human Rights in the context of removal cases. Alongside the substantive aspects of the Court’s assessment under Article 3, these procedural aspects are crucial for the maintenance of the absolute character of the prohibition of treatment contrary to Article 3 of the Convention. In tracing the notable evolution of the procedural aspects of Article 3 in removal cases within the Court’s case-law, it is argued that this can be understood by reference to three main phases. The first phase involved the commencement of the Court’s engagement with procedural aspects of Article 3 in the removal context, which established foundations within the jurisprudence for procedural protections in this area. During the second phase, the Court harnessed M.S.S. v. Belgium and Greece to robustly adopt a multi-dimensional and structural approach towards procedural protections under Article 3 in cases concerning removal. Finally, the most recent and third phase of this evolution has witnessed the application of the developed jurisprudence to contemporary issues and contexts, which underline emerging areas of the case-law.