Part II
force in 1993. The prohibition of torture is listed in the document is the
third place, just after the obligation to respect human rights and freedoms
and the right to life. Thus, the right to freedom from torture can be counted
among the core rights provided for under the Convention, referred to as the
fundamental rights255.
Article 3 of the Convention expressly emphasizes that no one shall be
subjected to torture or to cruel, inhuman or degrading treatment punishment,
thereby protecting one of the fundamental values of a democratic society.
The broad nature of the prohibition is deliberate. Article 3 has been drawn
up with a view to determining its minimum content (prohibition of torture)
in a way which leaves much space for interpretation in the practical application of the provision256. Article 3 does not stipulate any possibility to evade
this prohibition, even at times of war or any other threat to national security.
This means that the prohibition should remain in force even in the most severe circumstances such as the fight against terrorism and organized crime.
The Convention also strictly prohibits the use of torture and other inhuman
or degrading treatment or punishment, irrespective of the conduct of the
persons concerned257. Therefore, the prohibition is absolute and applies irrespectively of the conduct of other people. The use of force against another
person is allowed only in specific circumstances of the highest necessity, as
determined in applicable legislation (e.g. direct coercion measures against
persons who pose a risk to their own lives or the lives and safety of other
people). Hence, any use of force beyond the circumstances of the highest
necessity violates human dignity and is in breach of Article 3 of the Convention258.
Protection of human rights enshrined in the Convention is ensured by
the European Court of Human Rights (hereinafter referred to as the ECHR
or the Court), which considers applications and demands that States Parties improve and tighten their legislative systems in so far as they are pro Cf. A. Ploszka, Zakaz tortur. Czy na pewno bezwzględny? [The prohibition of torture: is it really unconditional?] [in]: Przegląd Prawniczy UW, no. I-II, year XI, Warsaw, 2012, p. 124.
256
Cf. Konwencja o Ochronie Praw Człowieka i Podstawowych Wolności. Tom I. Komentarz do artykułów
1-18 [Convention for the Protection of Human Rights and Fundamental Freedoms. Volume I. Commentary on Articles 1 to 18]. Edited by: L. Garlicki, C. H. Beck, Warsaw 2010, p. 98.
257
Cf. judgment of 24.07.2014 in the case Al Nashiri v. Poland, application no. 28761/11, Article 507
(judgment regarding the CIA black-site prisons in Poland).
258
Cf. Konwencja o Ochronie Praw Człowieka i Podstawowych Wolności. Tom I. Komentarz do artykułów
1-18 [Convention for the Protection of Human Rights and Fundamental Freedoms. Volume I. Commentary on Articles 1 to 18]. Edited by: L. Garlicki, C. H. Beck, Warsaw 2010, p. 99.
255
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