Prohibition of Torture and Inhuman or Degrading Treatment, in the Light of Article 3 of the European Convention on Human Rights

Myzafer Elezi,Esmeralda Ormeni

doi:10.5901/ajis.2016.v5n2p111

Abstract

One of the main principles of the rule of law and in the core of a democracy itself are the human rights and fundamental freedoms. These freedoms, for the importance that represent in the democratic socities, are reflected in many national and international important documents. The legal mechanism that foresee the guarantee and the respect of the human rights and fundamental freedoms, is the European Court of Human Rights. In the heart of the human rights stand the right to live, free from torture, free from inhuman or humiliating tretament or punishment. Usually the human rights violations occur aganist people who are arrested, under custody, the conditions where they serve their sentence, extradiction, deportation, house and property destruction, forced displacement and discrimination. These rights are included in article 3 of the European Convention on Human Rights. It is seen that the Convention doesn’t give an expressed definition what torture or inhuman treatment means, but just gives a rule of the absolut prohibition of the toruture or inhuman treatment. This stand does not constitute a forgetfulness or lapse of the Convention. The reason of this stand of the Convention is based on the fact, that intepretation of the torture or inhuman treatment should be a dinamic interpretation. The definiton whether we have to do with torture or inhuman treatment should be done based on the conditions, circumstances and evolution of these terms in time. Also the Convention foresees control instruments for the respect of human rights, from each state member. DOI: 10.5901/ajis.2016.v5n2p111

Highlights

The purpose of this paper is to address human rights and fundamental freedoms, as a universal right provided for in the laws of international character
The methodology used is the analysis of crime prevention of torture and inhuman and degrading treatment in view of Article 3 of the European Convention on Human Rights, as well as review of case studies related to such offenses under the Convention, to which the European Court of Human Rights is declared by judicial decision
If we look carefully Article 15, paragraph 2, the Convention prohibits in absolute terms torture and inhuman or degrading treatment, regardless of the victim's behavior

Summary

Introduction

The purpose of this paper is to address human rights and fundamental freedoms, as a universal right provided for in the laws of international character. Protection and respect of human rights and fundamental freedoms can not be made only through the national legislation of the states, but are needed international instruments in order to have a bigger guarantee in respecting them. We want to emphasize that article 3 of the European Convention on Human Rights, constitutes one of the fundamental values of the democratic socities which adhere to Council of Europe, whereas by the time of its signing the European Convention on Human Rights represented a revolution in the field of the international law of the human rights. In the Albanian Constitution, article 17 gives the status of a constitutional norm to the definitions of the human rights and fundamental freedoms, foreseen in the Convention

The Guarantee Instruments of the European Convention on Human Rights

European Commission of Human Rights

European Court of Human Rights

General Overview of Article 3 of the European Convention on Human Rights

The Absolut Character of Article 3 of the European Convention on Human Rights

The Tasks that Arises for States Based on Article 3 of the Convention

Conclusions