Xing Aifen

 

 

Han Rong, post-graduate student, Law School of Beijing Normal University
 

 

Abstract: This article will analysis the way in which the ECtHR interpret and apply Article 3 of ECHR through a series of cases of the prohibition of torture. To be more specific, our analysis will pay attention to the general opinions of ECtHR concerning the obligation under the Article 3 of ECHR, and the assessment criteria of the violation this provision. In order to achieve this purpose, we will take a look at the jurisprudence of Article 3 of ECHR. Firstly, we will use some jurisprudence to briefly elaborate the absolute nature and the positive obligation of the State members proscribed by the Article 3 of ECHR. Then, it turns to the specific case concerning the ill-treatment and non-refoulment principal, and the tension between the safety of a community like anti-terrorism actions and the prohibition of torture. What’s more, diplomatic assurance is another factor to be considered in the evaluation whether or not a treatment fall into the category of being contrary to Article 3 of ECHR. After that, there is a brief analysis of the implication of the ECtHR’s jurisprudence of the prohibition of torture on the interpretation and application of Article 3 of ECHR and the experience which is provided to other States and international institutions.