The European Regional System
2
The jurisprudence to date thus suggests that, in the future, the European
Court may be prepared to accept diplomatic assurances against torture and
ill-treatment where they are made in good faith, the authorities of the receiving State are in fact capable of preventing such treatment in the circumstances
of the case, and, following the jurisprudence of the UN bodies, with the further possible proviso that the assurance contains some rigorous mechanism
for monitoring compliance. The Court is due to revisit this issue in a number
of pending cases, including Ramzy v the Netherlands, Ahmed and Aswat v UK,
and Boumediene v Bosnia and Herzegovina, which may further elaborate its
position.438
Conclusion
The simple formulation of the prohibition of ill-treatment in Article 3 of the
ECHR hides the complexity of the underlying issues. Based on this proclamation, the European Court and Commission developed intricate and distinct definitions of the various prohibited acts. While the European Court has
stated that the three categories of prohibited acts can and should be distinguished, section 2.1 showed that it can be difficult to pinpoint the distinguishing elements of such a categorisation. There is a danger that such an approach
may lead to the conclusion that acts ‘falling short’ of torture are ‘only’ inhuman or degrading treatment. It must be remembered that acts of inhuman and
degrading treatment are no less a violation of Article 3 than acts of torture.
The importance and instructive nature of the European jurisprudence cannot be overstated, and it has greatly influenced other regional and international judicial and quasi-judicial bodies, particularly as regards the definitions
of torture, inhuman and degrading treatment. The Greek Case, for example,
had a significant impact upon the drafting of the UN Declaration against
Torture (1975) and the subsequent definition of torture contained within the
UN Convention against Torture (1984). Furthermore, the judgements have
had a profound impact on penal reform within Europe, by proscribing various treatments or punishments as violations of Article 3. The Court has also
anticipated and contributed to societal change. For example, the judgements
of the Court on corporal punishment led to the UK Government prohibiting
corporal punishment in public schools from 1986, and in private schools from
1998. Thus, the Court has not merely reflected the evolution of human rights
90
Ramzy v the Netherlands, no. 25424/05, pending; Ahmed and Aswat v UK, no. 24027/07, pending; Boumediene v Bosnia and Herzegovina, no. 38703/06, pending.
438
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