Introduction The European Regional System 2 The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) was opened for signature in 1950. The prohibition on torture and other forms of ill-treatment is enshrined in Article 3 of the ECHR, which simply states: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” Article 3 of the ECHR does not define torture, nor inhuman or degrading treatment or punishment.257 Accordingly, the European Court of Human Rights and, prior to November 1999, the European Commission of Human Rights,258 have developed a complex and extensive body of jurisprudence to determine the constituent elements of these forms of abuse. The purpose of this chapter is to consider the definitions which have emerged from the jurisprudence of the European Court and Commission, as well as the recent expansion of the scope of application of Article 3. 2.1 Definitions Starting from the simple proclamation of the prohibition of torture, inhuman and degrading treatment or punishment in Article 3 ECHR, the Court and Commission have developed complex definitions of, and drawn distinctions between, the prohibited acts. 2.1.1 Torture The Greek Case259 and Ireland v UK260 are the leading cases as regards the distinction between the prohibited acts. The Greek Case, decided by the European Commission, concerned the conduct of Greek security forces following the military coup in 1967. The Commission adopted a general approach that distinguished between ‘torture,’ ‘inhuman’ and ‘degrading’ treatment. The European Court and Commission, unlike some of their international and For the purposes of this chapter, ‘acts’ should be read to include ‘omissions,’ and ‘treatment’ so as to include ‘punishment.’ 258 Since 1998, following a review of the supervisory mechanisms of the Council of Europe’s human rights system, the work of the European Commission of Human Rights has been subsumed by a restructured European Court of Human Rights. The Commission ceased to function on 1 November 1999 pursuant to Protocol No. 11 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. 259 The Greek Case, nos. 3321/67, 3322/67, 3323/67 and 3344/67, 1969 Yearbook of the European Convention on Human Rights, No. 12, p. 186. 260 Ireland v UK, no. 5310/71, ECHR (Series A) No. 25, judgement of 18 January 1978. 257 56