Article 3

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  • Created by: Twil
  • Created on: 11-12-15 20:05
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  • 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
        • Has it passed the threshold for mistreatment?
        • Does it amount to torture?
    • UN declaration of Human Rights 1946
      • US Constitution 8th amendment 1791
        • Article 10 Bill of Rights 1688
          • Abolition of Star Chamber 1640
    • 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


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