Torture and inhuman treatment in the context of the relevant practice of the European Court of Human Rights

Abstract

The article examines the problems of torture and ill-treatment in the relevant practice of the European Court of Human Rights. The Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) has become an important place in the practice of application of criminal law of Ukraine. After analyzing some practice ECtHR about violation of Article 3 of the Convention, the forms of torture and inhuman treatment were singled out. These include: improper investigation, improper treatment of convicts, improper medical care of convicts, threats of torture, ignoring allegations of threats of torture or ill-treatment, etc.It was found that despite numerous judgments of the European Court of Human Rights against Ukraine, both certain provisions of law and practice of their application continue to contradict the provisions of the Convention, in particular Article 3.It is established that currently the problem of treatment of people by law enforcement agencies and other state representatives is urgent and systemic.The paper proposes that some European experience should be borrowed in providing a real mechanism for the protection of human rights and freedoms. Reforms are needed to ensure the effective participation of victims in criminal proceedings and the use of incentives, as well as the practice of compensating victims. It seems that given the accompanying circumstances, failure to provide the victim with a real opportunity to participate in criminal proceedings, as well as the lack of informing the victims about the progress of the investigation can be considered as inhuman treatment within the meaning of Art. 3 of the Convention.