24
GÄFGEN v. GERMANY JUDGMENT
concerned (see Chahal v. the United Kingdom, 15 November 1996, § 79,
Reports of Judgments and Decisions 1996-V, and Labita, cited above,
§ 119). The nature of the offence allegedly committed by the applicant is
therefore irrelevant for the purposes of Article 3 (see V. v. the United
Kingdom [GC], no. 24888/94, § 69, ECHR 1999-IX; Ramirez Sanchez v.
France [GC], no. 59450/00, § 116, ECHR 2006-IX; and Saadi v. Italy [GC],
no. 37201/06, § 127, ECHR 2008).
88. In order for ill-treatment to fall within the scope of Article 3 it must
attain a minimum level of severity. The assessment of this minimum
depends on all the circumstances of the case, such as the duration of the
treatment, its physical or mental effects and, in some cases, the sex, age and
state of health of the victim (see Ireland v. the United Kingdom, 18 January
1978, § 162, Series A no. 25, and Jalloh v. Germany [GC], no. 54810/00,
§ 67, ECHR 2006-IX). Further factors include the purpose for which the
treatment was inflicted together with the intention or motivation behind it
(compare, inter alia, Aksoy v. Turkey, 18 December 1996, § 64, Reports
1996-VI; Egmez v. Cyprus, no. 30873/96, § 78, ECHR 2000-XII; and
Krastanov v. Bulgaria, no. 50222/99, § 53, 30 September 2004), as well as
its context, such as an atmosphere of heightened tension and emotions
(compare, for instance, Selmouni, cited above, § 104, and Egmez, loc. cit.).
89. The Court has considered treatment to be “inhuman” because, inter
alia, it was premeditated, was applied for hours at a stretch and caused
either actual bodily injury or intense physical and mental suffering (see
Labita, cited above, § 120, and Ramirez Sanchez, cited above, § 118).
Treatment has been held to be “degrading” when it was such as to arouse in
its victims feelings of fear, anguish and inferiority capable of humiliating
and debasing them and possibly breaking their physical or moral resistance,
or when it was such as to drive the victim to act against his will or
conscience (see, inter alia, Keenan v. the United Kingdom, no. 27229/95,
§ 110, ECHR 2001-III, and Jalloh, cited above, § 68).
90. In determining whether a particular form of ill-treatment should be
classified as torture, consideration must be given to the distinction,
embodied in Article 3, between this notion and that of inhuman or
degrading treatment. As noted in previous cases, it appears that it was the
intention that the Convention should, by means of such a distinction, attach
a special stigma to deliberate inhuman treatment causing very serious and
cruel suffering (see Ireland v. the United Kingdom, cited above, § 167;
Aksoy, cited above, § 63; and Selmouni, cited above, § 96). In addition to
the severity of the treatment, there is a purposive element to torture, as
recognised in the United Nations Convention against Torture, which in
Article 1 defines torture in terms of the intentional infliction of severe pain
or suffering with the aim, inter alia, of obtaining information, inflicting
punishment or intimidating (see Akkoç, cited above, § 115).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents