European Convention on Human Rights

ECHR - Article 3: Torture

Article 3 – torture

Main article: Article 3 of the European Convention on Human Rights

Article 3 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 Court has emphasized the fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of a victim's conduct”. The Court has also held that states cannot deport or extradite individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state.

The first case to examine Article 3 was the Greek case, which set an influential precedent. In Ireland v. United Kingdom (1979–1980) the Court ruled that the five techniques developed by the United Kingdom (wall-standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink), as used against fourteen detainees in Northern Ireland by the United Kingdom were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture".

In Aksoy v. Turkey (1997) the Court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back.

Selmouni v. France (2000) the Court has appeared to be more open to finding states guilty of torture ruling that since the Convention is a "living instrument", treatment which it had previously characterized as inhuman or degrading treatment might in future be regarded as torture.

In 2014, after new information was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers, the Irish Government asked the European Court of Human Rights to review its judgement. In 2018, by six votes to one, the Court declined.