Protection of human rights is given its momentum after World War II when various violations of fundamental human rights occurred. The international community has begun to work on this protection in a way that it has adopted a number of documents. Primarily, we have the provisions of the Universal Declaration of Human Rights and the European Convention on Human Rights and Fundamental Freedoms. The provision that prescribes the prohibition of torture, inhuman or degrading treatment or punishment is in Article 3 of the European Convention, and in many other documents such as the UN Convention against Torture, which gave the definition of torture. Article 3 of the European Convention has an absolute character, and it gives a State party positive, negative and procedural obligations. The European Court of Human Rights is a body that interprets the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and it defined in the judgment in the case Ireland v United Kingdom the concepts of torture, inhuman and degrading treatment. The difference between these terms is in the level of cruelty and the necessary intensity. For the application of Article 3. a minimum level of severity is required. A violation of Article 3 may occur in cases of extradition and deportation. Extradition and deportation differ in their purpose. Extradition is a form of international criminal law assistance, while deportation is a unilateral act. Special provisions relating to the extradition of nationals, fiscal offences, military offences, political offences represent an obstacle to extradition. The European Court in Soering determined the elements that should exist for deportation or extradition to be prevented. These elements are substantial grounds for believing that the person concerned faces a real risk of torture or inhuman or degrading treatment. The European Court in the Soering case concluded that "death row" constituted a violation of Article 3. In judgment Babar Ahmad the question was whether the special administrative measures violate article 3. When we talk about deportation, judgment in the Chahal case had a link with terrorism. The applicant was the leader of Sikh community which were persecuted by the police in India. In Cruz Varas and Vilvarajah the key role was given to the facts that the applicant gave contradictory in his statements and that there was a UNHCR`s voluntary return program. In the Jabari case the problem was in the Turkish legislation or in other words, the five day statutory term for the application for the asylum caused the violation of Article 3. Hirsi Jamaa case has the significance when we talk about the immigrants. Right to asylum and principle non – refoulement have very important role in the process of extradition and deportation.