THE PROHIBITION OF TORTURE - CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS

Krstevska Savovska, Katerina (2020) THE PROHIBITION OF TORTURE - CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS. Book of Abstracts of the 2020 Annual International Conference „70 years of the European Convention on Human Rights”. p. 38. ISSN ISBN: 978-608-4655-81-7

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Abstract

The Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) contains the so-called “Prohibition of torture” stipulated as “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”. Despite the fact that it is one of the shortest provisions in the entire text of the Convention (consisting of exactly 15 words), it does not mean that the provided prohibition should not be taken seriously. On the contrary - the States are obliged to respect the both obligations set by the Article 3, i.e. negative obligation (to refrain from taking the said acts) and positive obligation (to take an appropriate actions aimed to secure and protect the persons from the said acts, as well as to investigate allegations for performing such acts and to sanction their perpetrators). Having in mind that in 1997 the Macedonian Assembly adopted the Law on Ratification of the Convention, the Paper shall focus on the several cases that target the Article 3. Namely, if the Article 3 is chosen as a search criteria through HUDOC database, which provides access to the case-law, 14 Macedonian cases until 30 June 2020 are found as a result of the search. Therefore, the Paper shall provide a theoretical and critical overview of the Article 3, to the 14 judgements that address Republic of Macedonia, as well as to the other relevant judgements, documents and literature.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 08 Jan 2021 12:29
Last Modified: 08 Jan 2021 12:30
URI: http://eprints.uklo.edu.mk/id/eprint/6109

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