OUVRAGE : A. Carcano, T. Scovazzi, Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights

Andrea CARCANO, Tullio SCOVAZZI

This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, exploring some still contentious issues, and stressing the several achievements as well as some still questionable outcomes. 

The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume significant portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.

 

TABLE OF CONTENTS

Preface, Andrea Carcano and Tullio Scovazzi
Table of Cases
List of Abbreviations

Chapter 1. The Prohibition of Torture under International Human Rights Law, Tullio Scovazzi

1.1 International Comparative Framework
1.2 The Definition of Torture
1.3 The Extraterritorial Application of the Prohibition of Torture
1.4 The Absolute Character of the Prohibition of Torture
1.5 The Surrender of Individuals to Other States
1.6 The Obligation to Prevent, Investigate, and Sanction Torture
1.7 The Obligation to Provide Reparation
1.8 Some Concluding Observations

Chapter 2. Developing the Concept of Torture, Andrea Carcano

2.1 Case Studies
2.2 Analysis: Torture as an Aggravated Form of Inhuman Treatment
2.2.1 Interpreting Article 3

Chapter 3. Purposes of Torture, Andrea Carcano

3.1 Case Studies
3.2 Analysis: Purposes of Torture

Chapter 4 .The Prohibition of Torture and State of Necessity, Tullio Scovazzi

4.1 Gäfgen v Germany (2010)
4.2 At the Hands of a Person Specially Trained for such Purposes 

Chapter 5. The Prohibition of Torture and the Surrender of Suspected Persons, Andrea Carcano and Tullio Scovazzi

5.1 Soering v the United Kingdom (1989)
5.2 Clinging to Life in the Ever- Present Shadow of Death
5.3 El- Masri v the Former Yugoslav Republic of Macedonia (2012)
5.4 ‘A cordon around the plane’ 

Appendices

i. Convention for the Protection of Human Rights and Fundamental Freedoms (adopted on 4 November 1950, entered into force on 3 September 1953)
ii. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted on 10 December 1984, entered into force on 26 June 1987) (Arts. 1– 16)

Select Bibliography
Index

Andrea CARCANO, Tullio SCOVAZZI, Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights, Leiden, Brill/Nijhoff, 2023 (413 pp.)