Document Type : Research Article

Authors

• Morteza Rasteh ¹
• Nasrin Mehra ²
• Behzad Razavifard ³
• Mahdi Sabooripour ⁴

¹ Graduate of Master, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Islamic Azad, Chalus Branch, Chalus, Iran

² Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

³ Associate professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Allameh Tabatabai, Tehran, Iran.

⁴ Associate professor, Department of Criminal Law and Criminology, Faculty of Law, University of Shahid Beheshti, Tehran, Iran.

Abstract

The European Convention on Human Rights, in pursuit of reinforcing and safeguarding the principle of human dignity, recognizes the prohibition of torture as one of the most fundamental values of democratic societies, considering its absolute observance a hallmark of a civilized society. Within this framework, the European Court of Human Rights, as the principal authority for interpreting, supervising, and guaranteeing the protection of fundamental rights enshrined in the Convention, has, by virtue of Article 3 and through numerous judgments, elaborated on the various dimensions of the prohibition of torture. The Court has required the member states to ensure the effective implementation of this rule across all domestic institutions, particularly the criminal justice system, which plays a central role in safeguarding fundamental rights. Employing a descriptive-analytical methodology and drawing upon library and documentary sources, this study examines the Court’s case law concerning individual complaints against the national criminal justice systems of ECHR member states for violations of the prohibition of torture. The findings indicate that the Court, while establishing clear and specific criteria for practical realization of this rule, has imposed a series of binding obligations on national justice institutions. Chief among these are: the duty of judicial police to refrain from disproportionate or unnecessary force and from improper use of restraints or control measures; responsibility of judges to avoid imposing the death penalty and to limit life imprisonment; and the obligation of prison authorities to ensure minimum standard cell space and implement appropriate compensatory measures in cases of inadequate or disproportionate allocation. 

Keywords

• Prohibition of Torture
• Human Dignity
• Inhuman or Degrading Treatment
• Criminal Justice System
• Article 3 of the ECHR

Main Subjects

• Criminal Law