Deportacijos ir ekstradicijos aspektai Europos Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos 3 str. rėmuose

Abstract

SUMMARY The Aspects of deportation and extradition in the scope of the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in the Master‘s Thesis. The principal international documents that prohibit torturing, inhumane or humiliating person‘s dignity treatment are discussed in this thesis, revealing prohibition of such behavior towards the persons being sent out of the country. Torturing and other inappropriate behavior is evaluated strictly and takes on absolute character in such documents. The analysis and evaluation of absolute character was given a special focus in the work when analyzing jurisprudence of the Court, because Article 3 of the Convention is invoked without any departure from the Convention not only under normal conditions, but also in cases of war and state of emergency. The notions of Article 3 of the Convention were analyzed in the work, paying attention to the Court practice, which is shifting in respect of interpretation of the concepts. The cases of deportation and extradition were analyzed as well, establishing a positive obligation of the countries in accordance to the safe third country, as well as arising deportation – related problemswere evaluated in the work. Attention is paid to the protection of national security and individual rights in the war against terror and evaluation of these competing interests is given.