The European Court of Human Rights emphasizes that Article 3 of the European Convention of Human Rights constitutes one of the fundamental values of democratic society.
States are obliged to ensure that every persons is imprisoned under conditions respectful of his/her dignity, that conditions of deprivation of liberty do not put them in the
state of despair that exceeds the level of suffering characteristic to imprisonment and
that taking into account practical demands of imprisonment, his health and well-being
are properly secured.11
Protection of persons deprived of liberty under human rights law is greater than that
provided to other persons. According to the case law of the European Court of Human
Rights, it is true that ill-treatment must reach minimum level of severity in order to fall
within the scope of Article 3, but the use of physical force against persons deprived of
liberty that is not strictly required by the conduct of the prisoner violates human dignity
and falls within the scope of the mentioned Article.12
Based on the standards envisaged by European Convention of Human Rights and developed in the case law of the European Court of Human Rights, in order to give effect to
the right to life and prohibition of torture and ill-treatment, states have not only negative obligations (to abstain from violating the right), but also positive obligations (to ensure protection of rights). It is especially important to protect persons placed in closed
institutions from torture, inhuman and degrading treatment or punishment and secure
their right to life. Prisoners are under the exclusive control of the state and accordingly,
competent state organs are obliged to take all reasonable measures to prevent real and
immediate risks for physical inviolability, if they knew or should have known about such
risks.13
A positive obligation of the state to protect persons from torture and other forms of
ill-treatment includes taking preventive measures that facilitate protection of persons
from ill-treatment. The necessity of these preventive measures is pointed out in international human rights treaties as well as judgments of the European Court of Human Rights, the European Committee for the Prevention of Torture and UN Committee
against Torture. Prevention of Torture is a global strategy that is aimed at substantially
minimizing risks and creating the environment in which torture and ill-treatment are
less expected.
Accordingly, there should be guarantees in law and practice that secure unconditional
protection from ill-treatment.
11 CASE OF DAVTYAN v. GEORGIA, Appl. no 73241/01.
12 CASE OF TEKİN v. TURKEY, Appl. no. 22035/10.
13 Pantea v. Romania no. 33343/96, §190, ECHR 2003‑VI ; Premininy v. Russia, Appl. no. 44973/04,
§84, 10 February 2011.
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NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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