Principles Corroborated by Practice? The Use of Country of Origin Information by the European Court of Human Rights in the Assessment of a Real Risk of a Violation of the Prohibition of Torture, Inhuman and Degrading Treatment

Abstract:

This article studies the European Court of Human Rights (ECtHR) approach to country of origin information in its case law under Article 3 of the European Convention of Human Rights. It will first examine the standard set by the ECtHR on the use of country of origin information, followed by an assessment of the application of these principles by the ECtHR in its case law.

The article specifically focusses on the use of country of origin information in expulsion cases of applicants from Somalia, Tamils applicants from Sri Lanka and applicants from Iran. The analysis of the ECtHR’s case law in this article will show that the ECtHR does not apply its own standards in a transparent and consistent manner. This raises questions as to the quality of the ECtHR’s assessment of the risk of a violation of Article 3.