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

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