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It was the removal of these facilities in these circumstances that would expose the Applicant to the risk of dying under the most distressing circumstances. As Judge Pettiti pointed out, it was not the inequality of medical treatment that made the removal of D a violation of Article 3. It was the fact that the Applicant was to be deported in the final stages of an incurable disease".
At paragraph 3 of the judgment, N's CD4 count was 20 and her viral load was around 50,000 copies-ML at base line.
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Common Room
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