Naslov
HAS THE INTERPRETATIVE CREATIVITY OF THE EUROPEAN COURT LED TO DIMINISHING THE IMPORTANCE OF ARTICLE 3 OF THE ECHR?

Autori
Marochini Zrinski, Maša

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, ostalo, znanstveni

Skup
Fourth International Graduate Legal Research Conference

Mjesto i datum
London, Ujedinjeno Kraljevstvo, 15.04.2010. - 16.04.2010

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
European Court of Human Rights ; Article 3 of the European C onvention for Human Rights ; ill-treatment of prisoners ; C ommittee for the Prevention of Torture ; Protocol No. 14.

Sažetak
The presentation considered the issue of preventing prisoners from being ill-treated within the Council of Europe’s system for the protection of human rights. The reason for tackling this topic lies in the fact that there have been some great changes in regard to the protection of prisoners within the last 10 years. The European Court of Human Rights (the Court) and the Committee for the Prevention of Torture (the CPT) played an important role in improving the protection of prisoners. The Court has extended the interpretation of Article 3 of the European Convention for Human Rights (ECHR), while the CPT has generated some new standards that now directly influence the work of the Court. The Court has been reluctant to engage Article 3 to address the question of conditions of detention ; it has always focused on cases of deliberate ill-treatment by authorities. However, the situation has changed within the last decade. The Court has drastically extended its interpretation of what constitutes violation of Article 3 and it now relies on CPT reports when determining whether ill-treatment occurred. Those are all positive and welcomed improvements in the area of protecting prisoners from being ill-treated On the other hand, the Court is overwhelmed with cases and the number of applications has been growing constantly during last years, wherefore it does not seem very likely that this problem will be solved in the near future. The effectiveness and credibility of the European Convention system are in serious danger and the ECtHR needs an urgent reform. The paper will focus on two most contentious questions regarding Article 3 of the ECHR ; First, whether it is really necessary for the Court to deal with the poor prison conditions or this problem should be left for the CPT considering its important role and its impact in the area of protecting prisoners ; and second, what is the practical value of bringing judgements on poor prison conditions when it comes to the issue of executing the Courts judgements?

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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