The Supreme Court’s Judgment
Posted: Sun Apr 06, 2025 7:29 am
The ECtHR has accepted that gaps in the protection of human rights may be bridged by using diplomatic assurances where the requesting State is not a Contracting State. In Othman v UK (2012) 55 EHRR 1, it indicated that – in essence – as long as relations of mutual trust and confidence exist between the two governments; the undertakings are comprehensive, specific and cogent; they are given on behalf of the central government; and the requesting State has a good record of honouring similar assurances then a court can accept them as a practical guarantee against ill-treatment (para 189).
In Dean, the majority decided that the Othman criteria buy phone number list were not satisfied. In addition, to concerns about the non-existence of prisoners’ rights in the ROC’s legal system; they were anxious about the lack of international monitoring of prison conditions in Taiwan; the absence of diplomatic ties; and the general deficiencies in the system of diplomatic protection [see here]. The Lord Advocate appealed to the Supreme Court.
The Supreme Court decided that the wrong test had applied to the facts. In its view, the correct test required a court to satisfy itself: (1) that the ROC’s undertakings would provide Dean with a reasonable level of protection against violent attack by other prisoners in Taipei prison; and (2) whether the protective measures themselves would infringe Article 3.
In Dean, the majority decided that the Othman criteria buy phone number list were not satisfied. In addition, to concerns about the non-existence of prisoners’ rights in the ROC’s legal system; they were anxious about the lack of international monitoring of prison conditions in Taiwan; the absence of diplomatic ties; and the general deficiencies in the system of diplomatic protection [see here]. The Lord Advocate appealed to the Supreme Court.
The Supreme Court decided that the wrong test had applied to the facts. In its view, the correct test required a court to satisfy itself: (1) that the ROC’s undertakings would provide Dean with a reasonable level of protection against violent attack by other prisoners in Taipei prison; and (2) whether the protective measures themselves would infringe Article 3.