Document Type : scientific

Authors

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

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

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

³ Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Allameh Tabatabai, Tehrsn, Iran

⁴ 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 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................

Keywords

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

Main Subjects

• Criminal Law