Auszug aus EGMR - 66911/09

Lord Hoffmann, Baroness Hale and Lord Carswell found that, on the basis of Soering v. the United Kingdom, 7 July 1989, § 89, Series A no. 161, Article 3, insofar as it applied to inhuman and degrading treatment and not to torture, was applicable only in attenuated form to extradition cases.

Lord Hoffmann, giving the lead speech, considered the Court's judgment Chahal v. the United Kingdom, 15 November 1996, § 81, Reports of Judgments and Decisions 1996-V. There, the Court stated that it should not be inferred from its remarks in Soering v. the United Kingdom, 7 July 1989, § 89, Series A no. 161 that there was "any room for balancing the risk of ill-treatment against the reasons for expulsion in determining whether a State's responsibility under Article 3 (art. 3) is engaged." Lord Hoffmann stated:.