Article 3-5 ECHR Flashcards
Article 3 of ECHR
“No one should be subjected to torture or to inhuman and degrading treatment”
Positive Obligation:
“All reasonable measures to prevent abuse against the first applicant,
notwithstanding that the continuing risk of such abuse was real and foreseeable”
Dordevic v Croatia
Does Article 3 ECtHR only look for torture?
No, they also look for ‘inhuman and degrading treatment’.
Ireland v UK
Defining torture
An aggravated and deliberate form of cruel, inhuman treatment or punishment.
General Assembly of UN 9/12/75
Example of a ‘real risk of such abuse’
Jabari v Turkey
Jabari v Turkey
Woman faced prospect of deportation to Iran, where she could potentially be stoned. There was a risk of a violation of Art 3.
Article 5 of ECHR
The right to liberty and security of person.
Examples of depriving liberty:
(i) Placing a psychiatric patient in a closed off mental facility with restrictions – HL v UK
(ii) Holding a 5-year old foreign national in an immigration facility full of adults – Leger v France
Limitations of Art 5
(i) Prison sentence imposed by competent court.
(ii) Non-compliance with a court order.
(iii) Lawful arrest on suspicion of a criminal offence.
(iv) Educational supervision of a minor.
(v) Persons of unsound mind, drug addicts, vagrants or preventing spread of disease.
(vi) preventing unlawful entry into a state.
Hilda v Iceland
Hilda arrested several times for drunkenness. The duration for which she was held was at police’s discretion. Law was not sufficiently precise, nor accessible nor free of risk of arbitrariness.
