Interpretation of the terms “torture”, “inhuman treatment”, “degrading dignity of treatment or punishment” in the understanding of the European court of human rights

Abstract

Problem setting. According to the data as of 01.01.2020 in the register of the European Court of Human Rights (ECtHR) are registered 8850 applications filed against Ukraine, which is 14.8% of the total number of applications. And although Ukraine took 3rd place (in 2017 Ukraine ranked first) in the number of complaints against it to the ECtHR, after Russia (15,050 complaints) and Turkey (9,250 complaints), it should be noted that a significant number of complaints, namely 40 complaints are still in breach of Article 3 of the ECHR (prohibition of torture or inhuman or degrading treatment or punishment). Thus, the correct interpretation and understanding of the concepts used in Article 3 of the ECHR is very important for Ukraine, it is related both to the quality of adopted laws and to the practice of the authorities, especially law enforcement and courts. Analysis of recent researches and publications. The research of certain aspects of the interpretation of the concepts of Article 3 of the ECHR was studied by the following Ukrainian legal scholars: Orlova O.O., Trykhlib H., Tsebenko S., Okhota Y., Shishkina E., Rabinovych P. , Pushkar P., Fuley T., Chervyatsova A. Target of research is interpretation of the concepts used in Article 3 of the Convention on the basis of judgments of the European Court of Human Rights, for their proper understanding and application. Conclusions and prospects for the development. Thus, the prohibitions in Article 3 of the ECHR are absolute and unconditional. Prohibition of torture or inhuman or degrading treatment or punishment is one that contains no exceptions, regardless of the situation in which the person is. This norm is an imperative norm and clearly reflects the basic (fundamental) values of a democratic society, and any violation of it by the international community is considered a gross violation of human rights. Everyone has the right to be treated with dignity by others, regardless of individual characteristics, circumstances or place (in hospitals, at large, in places of imprisonment). Everyone should be aware of the inadmissibility of such actions, and these prohibitions should not only be declared, but also implemented. In general, the ECtHR has a positive effect on respect for human rights in Ukraine and is a real mechanism for protecting citizens in many cases.