GÄFGEN v. GERMANY JUDGMENT
23
(β) The Redress Trust
86. Referring, in particular, to the Convention institutions’ findings in
Denmark, Norway, Sweden and the Netherlands v. Greece (“the Greek
case”) (nos. 3321/67, 3322/67, 3323/67 and 3344/67, Commission’s report
of 5 November 1969, Yearbook 12, p. 461) and in Akkoç v. Turkey
(nos. 22947/93 and 22948/93, §§ 25 and 116-17, ECHR 2000-X), the
Redress Trust stressed that for a particular act to constitute torture it was not
necessary for physical injury to be caused. Mental harm in and of itself was
a prevalent form of torture. Moreover, the Court had confirmed that a mere
threat of conduct prohibited by Article 3 could itself give rise to a violation
of that Article (the third party cited Campbell and Cosans v. the United
Kingdom, 25 February 1982, § 26, Series A no. 48). Various international
bodies, including, inter alia, the Inter-American Court of Human Rights
(see paragraph 66 above), the United Nations Special Rapporteur for the
Commission on Human Rights (see paragraph 67 above) and the United
Nations Human Rights Committee (see paragraph 68 above), had likewise
found that a threat of serious physical injury could, depending on the
circumstances and the impact on the particular individual, constitute torture
or another form of ill-treatment. In any event, making a distinction between
torture and other ill-treatment was unnecessary in relation to Article 3 of the
Convention since, unlike the United Nations Convention against Torture in
Articles 1, 15 and 16 (see paragraph 64 above), the relevant Convention
Article did not attach any different legal consequences to torture compared
to other forms of prohibited ill-treatment. Referring, inter alia, to the case of
Labita v. Italy ([GC], no. 26772/95, § 119, ECHR 2000-IV), the Redress
Trust underlined that the prohibition on torture and other cruel, inhuman
and degrading treatment was absolute and afforded no exceptions,
justifications or limitations, irrespective of the circumstances of the case or
the conduct of the victim.
(c) The Court’s assessment
(i) Recapitulation of the relevant principles
87. The Court reiterates that Article 3 of the Convention enshrines one
of the most fundamental values of democratic societies. Unlike most of the
substantive clauses of the Convention, Article 3 makes no provision for
exceptions and no derogation from it is permissible under Article 15 § 2
even in the event of a public emergency threatening the life of the nation
(see Selmouni v. France [GC], no. 25803/94, § 95, ECHR 1999-V, and
Labita, cited above, § 119). The Court has confirmed that even in the most
difficult circumstances, such as the fight against terrorism and organised
crime, the Convention prohibits in absolute terms torture and inhuman or
degrading treatment or punishment, irrespective of the conduct of the person
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