UK courts treat diplomatic assurances from China with considerable scepticism. The established legal test requires assurances to be both practically enforceable and given in good faith by a state with a reliable compliance record. Documented evidence of torture in Chinese detention facilities, lack of independent monitoring mechanisms, and China’s track record of breaching previous assurances substantially undermine their reliability. In practice, UK courts have consistently found that assurances from Chinese authorities cannot adequately mitigate Article 3 risks. This judicial approach reflects findings from UN bodies, Human Rights Watch, and successive UK government assessments of China’s justice system.
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