DISSENTING OPINION OF JUDGE POWER-FORDE JOINED BY JUDGE ZUPANČIČ

For the same reasons as those set out in my dissenting opinion in the case of M.Y.H. and Others v. Sweden , I voted against the majority in finding that Article 3 would not be breached in the event that the deportation orders made in respect of these applicants were to be executed .

My dissent is based on the failure of the majority to test whether the requisite guarantees, as required by the Court ’ s case law prior to a deportation based on internal flight options, have been established in this case.