Abstract
This paper is aimed at providing a concise historically-informed as well as theoretically-updated account of the “state of the art” regarding the European Court of Human Rights’ understanding of torture, drawing on both the preventive measures adopted by the Council of Europe and the judgemental criteria established via the massive jurisprudence of the aforementioned Court. A number of key-cases are scrutinized through comparative lenses, with particular emphasis on the long-lasting, uneven relationship with the UK rulers, not to mention the controversial membership of the Russian Federation and the Republic of Turkey. Several issues and conceptual frameworks are examined, building on an extensive academic and non-academic literature. Among them: the disputed threshold between “torture” and “inhuman/degrading treatment”; the priority policy of the Court; the so-called “ticking bomb”-justification; the practice of incommunicado detention; and the duty to introduce evidences before the Court.
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