guarantee the safety of the prisoner. Noting that segregation involves substantial
isolation and may be extended over long periods of time, the Committee recalls
its General Comment 20 in which it noted that prolonged solitary confinement
of a detained or imprisoned person may violate article 7.
--CCPR/C/79/Add.93, para. 20 (1998).
European Court of Human Rights
Article 3 … enshrines one of the most fundamental values of democratic
society…. The Court is well aware of the immense difficulties faced by States
in modern times in protecting their communities from terrorist violence.
However, even in these circumstances, the Convention prohibits in absolute
terms torture or inhuman or degrading treatment or punishment, irrespective of
the victim's conduct. Unlike most of the substantive clauses of the Convention
and of Protocols Nos. 1 and 4…, Article 3 … makes no provision for exceptions
and no derogation from it is permissible under Article 15 … even in the event of
a public emergency threatening the life of the nation….
--Chahal v. the United Kingdom, ECHR, 15 November 1996 (para. 79).
*****
The requirements of the investigation and the undeniable difficulties inherent in
the fight against crime, particularly with regard to terrorism, cannot result in
limits being placed on the protection to be afforded in respect of the physical
integrity of individuals.
--Tomasi v. France, ECHR, 27 August 1992 (para. 115).
*****
The five techniques [wall-standing, hooding, subjection to noise, deprivation of
sleep, deprivation of food and drink] were applied in combination, with
premeditation and for hours at a stretch; they caused, if not actual bodily injury,
at least intense physical and mental suffering to the persons subjected thereto
and also led to acute psychiatric disturbances during interrogation. They
accordingly fell into the category of inhuman treatment within the meaning of
Article 3…. The techniques were also degrading since they were such as to
arouse in their victims feelings of fear, anguish and inferiority capable of
humiliating and debasing them and possibly breaking their physical or moral
resistance.
--Ireland v. the United Kingdom, 18 January 1978 (para. 167).
34
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