Torture

Question 1

Right not to be tortured

Answer 1

Art 3.

Absolute right

Question 2

CASE LAW:

Answer 2

Chahal v UK
- established that deportation to a country where there are “substantial grounds for believing” that a person faces torture or inhuman/degrading treatment is a violation of Article 3 of the European Convention on Human Rights (ECHR).
- The Court’s decision emphasized that national security concerns cannot outweigh the absolute prohibition against such treatment, as stated in Article 3.

Soaring v UK
- death penalty considered torture

A v UK:
- states have a positive obligation to protect individuals from ill-treatment by private individuals, especially children

Question 3

cases:

Answer 3

Gillan v UK (can be used for lots)
- test for determining whether power of public officials is lawful under ECHR:
TEST:
- exercise of power is lawful if it’s governed by clear, accessible rules of law and is not exercised arbitrarily

A v Home Secretary No 2:
- evidence procured or possibly procured by torture was not to be admissible