Article 3 of the European Convention on Human Rights
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right.
This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The European Court of Human Rights has further held that this provision prohibits the extradition of a person to a foreign state if they are likely to be subjected there to torture. This article has been interpreted as prohibiting a state from extraditing an individual to another state if they are likely to suffer the death penalty. This article does not, however, on its own forbid a state from imposing the death penalty within its own territory.
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
On 9 July 2013, UK prisoner Jeremy Bamber won an appeal to the European Court of Human Rights that whole life imprisonment (with no chance of parole) was in contravention of Article 3 of the European Convention on Human Rights.
Ataun Rojo v. Spain Case
In this case, which ran jointly with the Etxebarria Caballero v. Spain case in 2014, the court held unanimously that there had been "a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights on account of the lack of an effective investigation into the applicants’ allegations of ill-treatment".
M.C. v. Bulgaria
M.C. v. Bulgaria is a case that was argued before the European Court of Human Rights. In December 2003 the court ruled that a violation Articles 3 and 8 of the Convention had occurred. The case discusses the existence of a positive obligation to punish rape and to investigate rape cases. Judge F. Tulkens expressed a concurring opinion in the case.
- Cruel and unusual punishment
- Convention Against Torture
- European Convention on Human Rights
- European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- "Spain should adopt measures to protect persons held incommunicado". European Court of Human Rights, 7 October 2014. Retrieved 9 April 2016.
- kar.kent.ac.uk University of Kent, Kent Academic Repository, "Extending the Reach of Human Rights to Encompass Victims of Rape: M.C. V. Bulgaria"