Art. 3 Flashcards
What is meant by torture?
Inflicting serious harm on another with the intention of hurting him. Mostly physical can be psychological. Cestaro v Italy
What is the difference between inhuman and degrading treatment?
The difference between the two is the degree of seriousness. Inhuman treatment need not be deliberate and includes suffering arising out of detention.
Degrading treatment is mainly gross humiliation and requires a minimum level of severity.
What obligations exist in regard to expulsion of non-nationals?
Art 3 can have extraterritorial application when a person is most likely to face ill-treatment if he is deported. In this case, the sending State has a positive obligation to obtain assurance from the receiving party that the person will not be subject to any ill-treatment and that the person will be safe.
Give an example of inhuman/degrading treatment.
An example can be in case of police detention where there is no ventilation, no food, too many people in a cell and this is a form of ill-treatment and article 3 can be invoked.
Is life sentence allowed under ECHR?
Yes life sentence is allowed under the ECHR provided that the person convicted has the opportunity for his case to be reviewed and a prospect of release no more than 25 years after he is convicted.
What did the court rule in Al-Saadoon?
The court held that a CP must obtain assurances before deporting a person to a State where death penalty may be enforceable. The CP must receive guarantees that the person will not face the death penalty should he be deported.
