M.A. and Others v. Bulgaria The applicants in this case were five Chinese nationals, Uighur Muslims from the Xinjiang Uighur Autonomous Region in China.. The applicants submitted that if returned to China they would face persecution, ill-treatment and arbitrary detention and could even be executed. The Court held that the deportation to China of three of the applicants would constitute a violation of Article 2 (right to life) and a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the Convention.<\/p>\n
It noted in particular that the governmental repression against Uighurs was being justified by the Chinese authorities by the need to combat terrorism and extremism, and that suspicions of separatism or endangering State security could lead to long prison terms or the death penalty without due process. In the present case, the Court found that there were substantial grounds for believing that the applicants would be at real risk of arbitrary detention and imprisonment, as well as ill-treatment and even death, if they were removed to their country of origin. Moreover, there were no effective guarantees, in the process of implementation of the repatriation or the expulsion decisions against the applicants, that they would not be sent back to China.<\/p>\n\n
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Article 2 Everyone\u2019s right to life shall be protected by law. No one shall be deprived of his life intentionally. save in the execution of a sentence of a court following his conviction of a crime for which this penalty.\u00a0is provided by law. Deprivation of life shall not be regarded as inflicted in contravention of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[347],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22916"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22916"}],"version-history":[{"count":17,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22916\/revisions"}],"predecessor-version":[{"id":23546,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22916\/revisions\/23546"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22916"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}