Human dignity as an object of protection in criminal procedural legal relations

Abstract

The paper explores the key approaches to understanding the category of “human dignity” at the level of theo-retical sources and practice of law enforcement. The positions of the European Court of Human Rights (hereinafter referred to as the ECHR) are analyzed. It is stated that the criteria for distinguishing between different forms of humiliation of human dignity (torture and the behavior that is cruel, but still does not reach the level of torture) are (a) the purpose for which the corresponding actions are performed and (b) the degree of cruelty of the perpetrator(s) and the degree the suffering of the victim. It is established that, in assessing the severity of a victim’s suffering and the severity of their treatment in terms of whether such treatment has reached the level of torture, the ECHR always takes into account the individual characteristics of the case. It is demonstrated that an attitude (actions, orders, conditions of detention, etc.) aimed precisely at the humiliation of human dignity is an independent form of miscon-duct that violates Art. 3 of the Convention and Art. 11 of the CPC. It is proved that such situations do not involve the use of physical violence against a person, which would cause their physiological discomfort, as otherwise it would already qualify as inhuman treatment or torture depending on the intensity of the violence and the degree of suffering. At the same time, it is said about the attitude (actions, orders, conditions of continuation) that causes the victim to feel fear, anxiety and inferiority, which can offend and humiliate (it is enough if the victim is humiliated in their own eyes). It should also be borne in mind that even the absence of the purpose of victim’s humiliation in such a situation does not in itself exclude violations of Art. 3 of the Convention. It is substantiated that although the humiliation of dignity may be an independent form of violation of Art. 3 of the Convention and Art. 11 of the CPC, but the humiliation of inseparably accompanies other forms of violation of Art. 3 of the Convention and Art. 11 of the CPC – such as torture and other cruel or inhuman treatment or punishment or the use of threats of such treatment.