Article 3 ECHR
Encyclopedia
Article 3 of the European Convention on Human Rights prohibits torture
, and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right.
This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The European Court of Human Rights has further held that this provision prohibits the extradition
of a person to a foreign state if they are likely to be subjected there to torture. This article has been interpreted as prohibiting a state from extraditing an individual to another state if they are likely to suffer the death penalty
. This article does not, however, on its own forbid a state from imposing the death penalty within its own territory.
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right.
This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The European Court of Human Rights has further held that this provision prohibits the extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
of a person to a foreign state if they are likely to be subjected there to torture. This article has been interpreted as prohibiting a state from extraditing an individual to another state if they are likely to suffer the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. This article does not, however, on its own forbid a state from imposing the death penalty within its own territory.
See also
- European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...