Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
Paragraph 1 of this Article has the same meaning and scope as Article 4 of Protocol No 4 to the ECHR concerning collective expulsion. Its purpose is to guarantee that every decision is based on a specific examination and that no single measure can be taken to expel all persons having the nationality of a particular State (see also Article 13 of the Covenant on Civil and Political Rights).
Paragraph 2 incorporates the relevant case-law from the European Court of Human Rights regarding Article 3 of the ECHR.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
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