Part II force in 1993. The prohibition of torture is listed in the document is the third place, just after the obligation to respect human rights and freedoms and the right to life. Thus, the right to freedom from torture can be counted among the core rights provided for under the Convention, referred to as the fundamental rights255. Article 3 of the Convention expressly emphasizes that no one shall be subjected to torture or to cruel, inhuman or degrading treatment punishment, thereby protecting one of the fundamental values of a democratic society. The broad nature of the prohibition is deliberate. Article 3 has been drawn up with a view to determining its minimum content (prohibition of torture) in a way which leaves much space for interpretation in the practical application of the provision256. Article 3 does not stipulate any possibility to evade this prohibition, even at times of war or any other threat to national security. This means that the prohibition should remain in force even in the most severe circumstances such as the fight against terrorism and organized crime. The Convention also strictly prohibits the use of torture and other inhuman or degrading treatment or punishment, irrespective of the conduct of the persons concerned257. Therefore, the prohibition is absolute and applies irrespectively of the conduct of other people. The use of force against another person is allowed only in specific circumstances of the highest necessity, as determined in applicable legislation (e.g. direct coercion measures against persons who pose a risk to their own lives or the lives and safety of other people). Hence, any use of force beyond the circumstances of the highest necessity violates human dignity and is in breach of Article 3 of the Convention258. Protection of human rights enshrined in the Convention is ensured by the European Court of Human Rights (hereinafter referred to as the ECHR or the Court), which considers applications and demands that States Parties improve and tighten their legislative systems in so far as they are pro Cf. A. Ploszka, Zakaz tortur. Czy na pewno bezwzględny? [The prohibition of torture: is it really unconditional?] [in]: Przegląd Prawniczy UW, no. I-II, year XI, Warsaw, 2012, p. 124. 256 Cf. Konwencja o Ochronie Praw Człowieka i Podstawowych Wolności. Tom I. Komentarz do artykułów 1-18 [Convention for the Protection of Human Rights and Fundamental Freedoms. Volume I. Commentary on Articles 1 to 18]. Edited by: L. Garlicki, C. H. Beck, Warsaw 2010, p. 98. 257 Cf. judgment of 24.07.2014 in the case Al Nashiri v. Poland, application no. 28761/11, Article 507 (judgment regarding the CIA black-site prisons in Poland). 258 Cf. Konwencja o Ochronie Praw Człowieka i Podstawowych Wolności. Tom I. Komentarz do artykułów 1-18 [Convention for the Protection of Human Rights and Fundamental Freedoms. Volume I. Commentary on Articles 1 to 18]. Edited by: L. Garlicki, C. H. Beck, Warsaw 2010, p. 99. 255 89

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