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- If the suffering is to a lesser degree than what constitutes torture, cruel, inhuman or degrading treatment or punishment may have been inflicted. Unlike torture, ill-treatment does not have to have a specific aim but as in the case of torture intent must be established.
www.humanrights.is/en/human-rights-education-project/comparative-analysis-of-selected-case-law-achpr-iachr-echr-hrc/the-right-to-freedom-from-torture-or-cruel-inhuman-or-degrading-treatment-or-punishment/what-is-torture-and-ill-treatmentWhat is torture and ill-treatment? - Icelandic Human Rights ...
Cruel or inhuman (synonymous terms) treatment consists of acts which cause serious pain or suffering, whether physical or mental, or which constitute a serious outrage upon individual dignity. Unlike torture, these acts do not need to be committed for a specific purpose.
- Vuolanne v. Finland
- Human Rights Committee
- Selmouni v. France
- Cantoral-Benavides v. Peru
- African Commission on Human and Peoples’ Rights
Human Rights Committee Communication No. 265/1987 Views of 2 May 1989 Keywords: detention for disciplinary reasons in military - trial within a reasonable time
Communication No. 577/1994 Views of 6 November 1997 Keywords: public humiliation - degrading treatment - detention conditions
European Court of Human Rights Application No. 25803/94 Judgement of 28 July 1999 Keywords: custody, ill-treatment in police - custody, duty of the state to provide a plausible explanation for injuries in torture, notion of
Inter-American Court of Human Rights Series C No. 69 Judgement of 18 August 2000 Keywords: arbitrary arrest or detention - cruel, inhuman and degrading treatment
Communications Nos. 137/94, 139/94, 154/96 and 161/97 Twelfth Annual Activity Report of the African Commission on Human and Peoples’ Rights, 1998-1999 Annex V Keywords: life – torture - arbitrary arrest or detention - death penalty - execution, while case pending before African Commission – health - fair hearing
Prohibition and punishment of torture and other forms of ill-treatment. There is an absolute ban on torture and other cruel, inhuman or degrading treatment and outrages upon personal dignity under international humanitarian law (IHL) and international human rights law (IHRL).
Oct 25, 2024 · The Court of Appeal’s approach is helpful and important in confirming that conduct which might on its face appear to be entirely innocent – ‘twanging’ balloons or speaking French – could, depending upon the circumstances, amount to ill-treatment.
The prohibition on torture and other forms of ill-treatment is enshrined in Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which simply states: “Prohibition of Torture: No one shall be subjected to torture or to inhuman or degrading treatment or pun-ishment”.
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Apr 7, 2011 · This chapter analyses the terms of the basic formula: torture, cruel, inhuman or degrading treatment or punishment, as stated in Article 5 of the Universal Declaration of Human Rights. It seeks to identify the factors involved in determining whether particular acts amount to torture or other ill-treatment.
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What is ill-treatment? What’s the difference? Torture is defined in the UN Convention against Torture as the intentional infliction of severe physical or mental pain or suffering for purposes such as obtaining information or a confession, or punishing, intimidating or coercing someone.