Article 3, as the Court has observed on many occasions, enshrines one of the fundamental values of democratic society. Even in the most difficult of circumstances, such as the fight against organised terrorism and crime, the Convention prohibits in absolute terms torture or inhuman or degrading treatment or punishment. 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 even in the event of a public emergency threatening the life of the nation. --Aksoy v. Turkey, ECHR, 18 December 1996 (para. 62). Inter-American System Non-derogable rights It is clear that no right guaranteed in the [American Convention on Human Rights] may be suspended unless very strict conditions -- those laid down in Article 27(1) -- are met. Moreover, even when these conditions are satisfied, Article 27(2) provides that certain categories of rights may not be suspended under any circumstances. Hence, rather than adopting a philosophy that favors the suspension of rights, the Convention establishes the contrary principle, namely, that all rights are to be guaranteed and enforced unless very special circumstances justify the suspension of some, and that some rights may never be suspended, however serious the emergency. --I/A Court H.R., Advisory Opinion OC-8/87, Habeas Corpus in Emergency Situations, January 30, 1987 (para. 21). ***** Specific requirements The requirements for declaring a state of emergency are as follows: • • Need: Pursuant to Article 27 of the Convention, in order to consider that there is a real emergency, there must be an extremely grave situation, such as war, public danger, or other emergency that threatens the independence or security of the State party. The Commission has established that measures related to a state of emergency "can only find a justification in the face of real threats to public order or state security." Time: This requirement refers to the duration of the suspension, which, as established in Article 27(1) of the Convention, should be only for the time strictly limited to the exigencies of the situation. The Commission has warned that it is even more serious to decree states of emergency for indefinite or prolonged periods, especially when they allow broad powers to be concentrated in the head of state, including the judicial 24

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