Arresten:
• A. And others v UK
• Gäfgen v Germany
Art. 3 ECHR: absolute prohibition of torture and inhuman/degrading treatment.
Ondergrens: ill-treatment with a minimum level of severity.
Minimum level of severity is based on all circumstances of the case, such as nature
and context of treatment, sex, age and state of health of the victim, duration, (long
term) physical/mental effects of the treatment, whether it was intentional, purpose of
the treatment, state of vulnerability of the victim.
Torture: ‘intentional infliction of severe pain or suffering with the aim of obtaining
information, inflicting punishment or intimidation. Look at purpose of the
treatment!
Cases concerning use of security measures in prison: look at proportionality.
Solitary confinement itself might not be a breach of Art. 3 but the proportionality of
its imposition and the conditions might be questionable. Same can be said for cases
involving force-feeding. This can be seen as inhuman and degrading but it’s justified if
the detainee refuses to eat and it’s medically necessary.
Court rules that public interest or other (Convention) rights outweigh the
interest of the applicant.
• A. And others v UK
• Gäfgen v Germany
Art. 3 ECHR: absolute prohibition of torture and inhuman/degrading treatment.
Ondergrens: ill-treatment with a minimum level of severity.
Minimum level of severity is based on all circumstances of the case, such as nature
and context of treatment, sex, age and state of health of the victim, duration, (long
term) physical/mental effects of the treatment, whether it was intentional, purpose of
the treatment, state of vulnerability of the victim.
Torture: ‘intentional infliction of severe pain or suffering with the aim of obtaining
information, inflicting punishment or intimidation. Look at purpose of the
treatment!
Cases concerning use of security measures in prison: look at proportionality.
Solitary confinement itself might not be a breach of Art. 3 but the proportionality of
its imposition and the conditions might be questionable. Same can be said for cases
involving force-feeding. This can be seen as inhuman and degrading but it’s justified if
the detainee refuses to eat and it’s medically necessary.
Court rules that public interest or other (Convention) rights outweigh the
interest of the applicant.
