Answer
concerned the transfer by the British authorities in Basra, Iraq of two Iraqi nationals (the applicants) to the Iraq High Tribunal ('IHT') in relation to the deaths of two British soldiers. As a consequence, the ECtHR noted that the applicants remained at real risk of execution, given that the death penalty was a sentence open to the IHT in the circumstances of their cases. As a result of the choices made by the British authorities since May 2006, the applicants had been subjected to fear of execution, which amounted to psychological suffering sufficient to constitute inhuman treatment, according to the court. A violation of the ECHR, art 3 was therefore found.