A3 Prohibition Of Torture

Ireland v UK

IRA terrorists imprisoned via extra-judicial powers (s50) subject interrogation 5 techniques. Not equal to torture. Stigma to unknown treatment so torture and inhuman treatment different. little evidence of suffering long term.

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Aksoy v Turkey

Found torture. PKK suspect stripped, hosed, electrocuted & Palestinian hanging. arm injuries and paralysis of arms from it.

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Aydin v Turkey

17 yo woman PKK suspect detained similar to Aksoy also ***** by military personnel. very grave so **** alone maybe torture

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Selmouni v France

suspect of drug trafficking. 3 days detention beaten, urinated on, sexually assaulted, alleged ****. Certain acts inhuman treatment can now be torture (widen) if so awful.

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Tomasi v France

suspect terrorist. Beaten in detention showed medical evidence of bruising. St - state violence causing bruising in inhuman treatment.

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Ribitsch v Austria

suspect drug supplier. Claimed beaten in detention. Police excuse for bruises. St - limitations - any use of physical force is unnecessary. If in good health on entry need a plausible reasoning for their state. Breach

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Jalloh v Germany

Broad - drug dealer suspected of swallowing. Police arrested him and gave him drugs to make him ill for conviction. st - extreme way of getting evidence as can wait (normal in MS) so inhuman treatment breach

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Kurt v Turkey

Son disappeared after Police took him away. Police then denied what happened and knowlege of him. uncertianty/anxiety for years caused sufficient mental suffering. Held inhuman treatment

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Gafgen v Germany

G abducted and killed x. G asked for ransom caught on collection. Police threatened torture in questioning for confession. St- threat can be torture. Unequivocal cant use A3 to justify breach to prevent death of others.

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Hurtado v Switzerland

drug gang member. knew had weapon so needed force. injured in arrest and no Dr called or given for 5-6 days when asked. Implied obligation on states. A6 positive obligation to protect well being =inhumane.

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Keenan v UK

Principle for Psychiatric care. History of mental illness and violence. Drs treating him not experts, another gave help & on suicide watch. K killed self. No specialist care given history, needed to provide more than general.

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Soering v UK

S (Gr) in USA killed 2. Fled to UK & arrested. USA applied for extradition, Virginia would try him for capital punishment. Gr ask for him but USA 1st. Inhuman? St- if extradite where D.p likely there is a breach - substantial grounds for real risk of

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Cont.

was arguing for the death penalty phenomenon and that was inhuman under A3. Breach if sent to USA for capital charge. Made deal so no capital charge in USA.

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Ocalan v Turkey

PKK living in Greek house in Kenya. Diplomatic pressure to remove O. arranged take to airport and give to Dutch. Took to Turkey instead. Tribunal - A6 claim guilty. St- if sentenced to death trial breaches fair trial req in A6 then unfair sentence.

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Cruz Varas v Sweden

Chilian in Sweden on political asyluum. Felt not the truth & deport him. St- soering est applies to deportation if subs ground real risk. no grounds no breach.

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Chahal v UK

Indian Sikh activist felt came back for terrorism. Want to deport on national security. St- show evidence of risk in India. National sec not relevant as no exceptions A3. upheld Soering.

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Saadi v Italy

Tunisian convicted for terrorism links once served time want to deport. St- real threats shown however Grand Chamber said A3 is absolute whatever threat to national security.

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D v UK

St Kitts smuggling drugs to UK. Charged. Found had HIV/AIDS. On medication but terminal. Given compassionate release and want to deport D home. St- care rudimentary and no family. apply Soering given extreme situation at home breach if deported.

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N v UK

Ugandan asylum seeker with HIV not terminal. felt not genuine so want deportation. St- if back no meds, A3 not interpreted to req unlimited care if risk A3. issue if pandemics. D exceptional as end of life. N healthy so no breach.

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Chember v Russia

conscript damaged back. Officers aware of this told to clean barracks. punishment as improper - knee bends. claimed serious pain = permanent injury. St- Inhumane.

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East African Asians v UK

1960s Africanisation policy trying to force them out. Many had UK passports however so changed immigration rules. Comm - degrading treatment of singled out ethnic people. No official decision

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Kalanshnikov v Russia

Imprisoned 4 yrs. Cell with 25 others, beds for 8, poor quality food and water, bad temperatures and one loo. Many infections (TB). general issue. St- Degrading treatment. (also held in Firstov & Shishkov)

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Tyrer v UK

Isle of Man corporal punishment still in 60s. 16 yo boy beat x up = assault. given birching on bottom in public. no cuts. St - humiliation more than imprisonment (manner, nature and context). Degrading compared to MS. A3 developing with MS.

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Costello-Roberts v UK

In private school 7yo boy hit with gym shoe. Court - 1 maj not degrading as level and suffering wasn't as great as Tyrer

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A v UK

9yo boy hit with cane by s-father as punishment. Father accused him of assault. Common law allowed parents R punishment. St- definition didnt give sufficient protection. A3 entitled to state protection and other private parties legal protec. breach

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Z and others v UK

children dirty & hungry in school. Social workers felt parents incapable=support. Mum said hit them if dont take them. Z sued for waiting too long. St - positive oblig maybe more than change law, give resources. apply Osman = Breach ought know

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Vinter and others v UK

Murder given whole life. St - whole life violates A3. No due to proportionality. Eu consensus and international look. review process and decide if continue time so possible to rehabilitate. most states 25yr review. Uk breach no review. (Rigby waited)

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A3 Prohibition Of Torture

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