UK - House of Lords, 11 October 2010, R (Bagdanavicius) v Secretary of State for the Home Department (UKHL) [2005] UKHL 38
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What was at stake
EDAL summary. The House of Lords confirmed that in addition to establishing a real risk of harm, the applicant would also have to show that their state has failed to provide reasonable protection.
What the court decided
The House of Lords ruled that for harm inflicted by non-state actors to constitute ill-treatment under Article 3 of the European Convention on Human Rights, an applicant must demonstrate not only a real risk of harm but also that their state has failed to provide reasonable protection against such harm. The court clarified that a state is not in breach of Article 3 for harm by criminal gangs unless it has failed in its positive duty to provide reasonable protection.
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Authoritative link
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