guarantee the safety of the prisoner. Noting that segregation involves substantial isolation and may be extended over long periods of time, the Committee recalls its General Comment 20 in which it noted that prolonged solitary confinement of a detained or imprisoned person may violate article 7. --CCPR/C/79/Add.93, para. 20 (1998). European Court of Human Rights Article 3 … enshrines one of the most fundamental values of democratic society…. The Court is well aware of the immense difficulties faced by States in modern times in protecting their communities from terrorist violence. However, even in these circumstances, the Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the victim's conduct. Unlike most of the substantive clauses of the Convention and of Protocols Nos. 1 and 4…, Article 3 … makes no provision for exceptions and no derogation from it is permissible under Article 15 … even in the event of a public emergency threatening the life of the nation…. --Chahal v. the United Kingdom, ECHR, 15 November 1996 (para. 79). ***** The requirements of the investigation and the undeniable difficulties inherent in the fight against crime, particularly with regard to terrorism, cannot result in limits being placed on the protection to be afforded in respect of the physical integrity of individuals. --Tomasi v. France, ECHR, 27 August 1992 (para. 115). ***** The five techniques [wall-standing, hooding, subjection to noise, deprivation of sleep, deprivation of food and drink] were applied in combination, with premeditation and for hours at a stretch; they caused, if not actual bodily injury, at least intense physical and mental suffering to the persons subjected thereto and also led to acute psychiatric disturbances during interrogation. They accordingly fell into the category of inhuman treatment within the meaning of Article 3…. The techniques were also degrading since they were such as to arouse in their victims feelings of fear, anguish and inferiority capable of humiliating and debasing them and possibly breaking their physical or moral resistance. --Ireland v. the United Kingdom, 18 January 1978 (para. 167). 34

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents