THE STANDARDS OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS REGARDING THE PROHIBITION OF TORUTURE, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Abstract

The European Convention on Human Rights, with its Protocols, is one of the most important legal instruments adopted by the Council of Europe, which provides the protection of fundamental freedoms and human rights, at a time which testifies to their daily flagrant violation. Based on the rights that are guaranteed by the Convention, the European Court of Human Rights deals with individual complaints, complaints from non-governmental organizations or a group of individuals and brings judgments that are binding for the concerned states.

In Article 3, the Convention guarantees the prohibition of torture, inhuman or degrading treatment or punishment. The right, which is absolutely, does not contain restrictive clauses in the article itself and is not subject to any restrictions by a state or third parties. The unconditionality of Article 3 does not indicate that, in the light of international law and the Convention, there can ever be justification for acts that would violate the foreseen in this article, nor that there is room for restrictions that would be determined by law. However, in spite of the clarity of the article, which, unequivocally is very powerful, short and precise, it is essential that we truly understand its meaning, so we could properly bring into live the guarantees that arise from the word of Article 3. In the text bellow, we will try to explain the standards and criteria set by the Convention itself and the practice of the European Court of Human Rights in relation to this elementary human right and its proper application.