Abstract
The absolute prohibition of torture in every and any circumstance as acknowledged by Inter-American Court in the present Judgment in the case of Tibi versus Ecuador belongs today to the domain of the international jus cogens. As the Judgment of the Court in the present case Tibi versus Ecuador reveals, the Law comes to protect also those who are forgotten in prison, in the house of the dead so lucidly denounced in the XIXth century by Dostoyevsky. Such reaction of the Law, both ratione personae and ratione materiae, indicates that human conscience has awoken to the pressing need for and the aim of putting an end, with determination, to the scourges of arbitrary detention and torture. General principles of the law play a very relevant role here. There is reason to nourish the hope that the D.D. Tibis, the Joseph K.S, and the Mersaults, gradually diminish in number.Keywords: Dostoyevsky; jus cogens; ratione materiae; ratione personae; Tibi versus Ecuador
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
