article 3 echr


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  • What is the difference between Article 3 ECHR (torture) and Article 2 ECHR (unanimous)?

    Conclusion: Violation of article 3 ECHR (torture) in respect of the applicant's brother (unanimous), no violation of article 3 in respect of the applicant (14 votes t o3), violation of article 2 ECHR (unanimous). 13.

  • How is Article 3 interpreted?

    The Court’s approach to the interpretation of Article 3 must be guided by the fact that the object and purpose of the Convention as an instrument for the protection of individual human beings require that its provisions be interpreted and applied so as to make its safeguards practical and effective.

  • Is Article 3 ECHR inhuman or Degrading Treatment?

    Conclusion: violation of article 3 ECHR (inhuman or degrading treatment) in respect of the applicants themselves (unanimously). 28. Tastan v. Turkey, Judgment of 4.03.2008 The applicant was obliged to do his military service at the age of 71. He was called up for military service and taken by the gendarmes to the military recruitment office.

  • How do you respond to a breach of Article 3 ECHR?

    Ask participants to read the case individually focussing on the evidence provided and asking them if prima facie the facts of the case disclose a breach of article 3 ECHR. After 15 minutes, ask participants to share with the person next to them their thoughts. Conclude by discussion in plenary followed by solution of the case by the ECtHR.

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