Article 3
- Created by: Twil
- Created on: 11-12-15 20:05
View mindmap
- Article 3 No-one shall be subjected to torture or to inhuman or degrading treatment or punishment. No derogations under any circumstances.
- (-) Prohibition of mistreatment
- Mistreatment
- Inhuman treatment
- Ireland v UK 1979 14 people interrogated with sleep deprivation, hooding, noise. Breach of Article 3 (Living Instrument)
- Degrading treatment
- Greek Interstate case - not a breach
- Torture
- Definition: Deliberate inhuman treatment causing very serious and inhuman treatment- ECtHR
- Very serious and cruel suffering - Accumulation of lesser acts may reach Threshold Aydin v Turkey 1997 (Living Instrument)
- Selmouni v France 2000 Drug trafficker - Accumulationof lesser acts is torture
- Very serious and cruel suffering - Accumulation of lesser acts may reach Threshold Aydin v Turkey 1997 (Living Instrument)
- Definition: Deliberate inhuman treatment causing very serious and inhuman treatment- ECtHR
- Has it passed the threshold for mistreatment?
- Does it amount to torture?
- Inhuman treatment
- Mistreatment
- UN declaration of Human Rights 1946
- US Constitution 8th amendment 1791
- Article 10 Bill of Rights 1688
- Abolition of Star Chamber 1640
- Article 10 Bill of Rights 1688
- US Constitution 8th amendment 1791
- CPT set up 1987. No enforcement powers - makes recommendations
- (+) protection against ill treatment
- Z and others v UK (2001) Mother ill treated 4 children but state didn't intervene. Breach of duty (ECtHR)
- Duty not to extradite to places where torture is used
- Othman (Abu Qatada) 2012 deported after agreement with Jordan
- Criminal Justice Act 1988 introduced Incorporated the UN Torture Convention1985
- R v Bow st Stipendiary Magistrates ex Parte Pinochet 2000 Guilty of torture in Chile but could only be prosecuted in UK for acts after Crim Just Act 1988
- (-) Prohibition of mistreatment
Comments
No comments have yet been made