SS (Moslem – False Charges) India CG  UKIAT 03340
Date of hearing: 27 June 2002
Date Determination notified: 01 August 2002
|Secretary of State for the Home Department||RESPONDENT|
"We do not doubt that [prison conditions in Iran] may not measure up to what is expected in this country, or perhaps in any country, which is a signatory to the European Convention on Human Rights. As the Court at Strasbourg has recognised, it is not for signatories to the Convention to impose the standards of the Convention on all the world. Recognition has to be had to the situation in individual countries and to the standards that are accepted and expected in those countries. Of course in relation to Article 3, there is a line below which the treatment cannot sink, if we may put it in that way. That is to say that is always possible that the sort of treatment that may be routinely expected in prison in a particular country falls so far below the standards that would be excepted in a civilised country, that it could properly be said to amount to inhuman or degrading treatment. But, as again the court in Strasbourg has indicated, the threshold has to be a high one because otherwise it would be, as one recognises, quite impossible for any country to return to a non-signatory an individual who faces prosecution, rather than any sort of persecution. …….. So far as the question of a fair trial is concerned, Article 6 can be engaged if an individual is to be removed from this country. That is made clear by the decision of the Tribunal in Kajac, following the Court of Human Rights decision in Soering v UK. But it is only if the breach of Article 6 would be flagrant, that is to say there would clearly be a thoroughly unfair trial, that Article 6 could be engaged. Again it is not for signatories to the Convention to impose their system on all world. One has to consider whether, looking at it in the round, it can be said that the Respondent will be able to receive what amounts to a reasonably fair trial."