Aritcle 3 and 5 ECHR Flashcards
What does article 3 say
prohibition of torture
what does it mean when obligations placed on states is aboslute
no exceptions
does article 3 have a positive obligations
yes, states have a psotive obligation to take reasonable steps to ensure that individuals are protected from action coming from other individuals
what happened in the case of Dordevic v Croatia
D disabled suffered from meningitis, D aruged that the state had not given him adequate protection from harassment
what was held in the case of Dordevic v Croatia
Court considered the state to not have taken all reasonable measures to prevent abuse, nonetheless that the fact that the risk of such absue was real and forseeable
what happened in the case of ireland v UK
interrogation technique used by british army on a suspected terrorist - the five techniques
what was the existence of ireland v UK essentially for
the meaning of inhuman and degrading treatment
what did the ECtHR hold in the case of ireland v UK
although 5 techniques amounted to inhuman+degrading treatment… the did not occasion suffering of the particular intensity and cruelty implied by the word torture as understood
5 techniques amounted to inhuman and degrading treatment - breach of articl 3
using the case of Ireland v UK how did the ECtHR differ torture and inhuman/degrading treatment from each other
the distinction of the two concepts lies in the intensity of the suffering inflicted
torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment
what does the case of jabari v turkey talk about and what happened
deportation cases - applicant committed adultery and submitted that she would be sentenced to a form of inhuman punishment in iran because of it
what was held in the case of jabari v turkey
There is a real risk of the applicant being subjected to treatment contrary to article 3 - the order for her deportation to iran, if executed would give rise to a violation of article 3
what does article 5 say
right to liberty and security
what are some examples of deprivation of liberty excluding behind prison walls
placing a voluntary psychiatric patiet in a closed mental hospital subject to sever restrictions, holding a 5yo foreign national without his family in a centre for adult illegal immigrants, confinement of crew on board ship after it had been arrest on suspicion of carrying drugs and house arrest in excess of 24 hours
what case proves that placing a voluntary psychiatric patient in a closed mental hospital subject to severe restriction is a deprivation of liberty
HL v UK
what case proves that holding a 5yo foreign national without his family in a centre for adult illegal immigrants is a deprivation of liberty
Leger v France
what case proves that confinement of a crew on board ship after it had been arrest on suspicion of carrying drugs an example of deprivation of liberty
medvedyev v france
what case proves that house arrest in excess of 24 hours is a deprivation of liberty
Mancini v italy & Vachev v bulgaria
what does section one of article 5 say
it provides the limitations of article 5
what happened in the case of Hilda Hafsteindottir v iceland
hilda arrested and held on remand in custody on six occasions on different dates, hilda alleged that her detention in custody for drunkenness and disorderly conduct had not been justified
what did the ECtHR hold in the case of Hilda v ICeland
At the time of six disputed events, in one essential respect, namely the duration, police discretion, lack of necessary regulatory framework, the court is not satisfied that the law, was precise and accessible to avoid all risk of arbitrariness - applicant’s deprivation of liberty was no tlawful
