ECHR

European Convention of Human Rights

European Convention on Human Rights

Introduction

The European Convention on Human Rights also known as ECHR was first drafted in the year 1950. It is an international treaty, and its purpose is to protect the human rights freedom. Society as a whole has the obligation to protect humanity in terms of providing individuals with their individual basic right. Although the European convention of human rights (ECHR) protects the rights of an individual, but it is also facing various controversies in Europe, which discussed in below (Baker, 2010). The Universal Declaration of Human Rights in Article 5 states "No one shall be subjected to torture or to cruel, cruel, inhuman or degrading treatment”, and should also bear in mind the presumption of innocence contained in Article 11 of this Declaration and numeral2 Art.76 of the Constitution of the Republic.

Discussion

Article 3 of the European Convention on Human Rights prohibits harm the physical and mental integrity of a person. Many applications alleging violations of this article were submitted to the Strasbourg organs, including the only interstate application that has been referred to the European Court of Human Rights. In the case of Ireland c / United Kingdom (1978), the Court held that the abuse of terrorism suspects during interrogation constituted a violation of Article 3. The United Kingdom was forced to develop new rules for the interrogation of detainees. Article 4 of Protocol N 4 only prohibits collective expulsion of foreigners, and Article 1 of Protocol N 7 contains only some of the procedural guarantees against expulsion.

Nevertheless, the refusal of entry or expulsion may be equated to the inhuman treatment under article 3, for example, due to the physical condition of the interested persons or groups with whom he has a close relationship, even outside the rules of Article 8 Convention on the protection of family life.

Violation of Article 3 may also comprise a handle, which, due to objective factors, the person may be subject to extradition in the country or where it will be returned after the expulsion or denial of entry. In this case, the expelling or extraditing state may be indirectly responsible for the inevitable appeal in that other State , regardless of whether such treatment is expected from the authorities or individuals not associated with the state, regardless of the efforts of expelling or extraditing state to prevent such treatment regardless of whether the receiving State Party to the Convention . Thus, treatment should include the violation of any of the rights enshrined in the Convention, including the violation of Article 3.

These standards address various aspects of detention including solitary confinement, discipline, contact with the outside world, complaints and inspection procedures.

Much of the work of the CPT is to examine the living conditions of detainees, including housing, business, health, medical care, etc.

During its visits, the CPT has observed detention conditions very different from milder forms of abuse to torture. Thus, in its public statement on Turkey (1992) , the CPT concluded that it ...