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Reglementarea torturii si a tratamentului inuman si degradant prin prisma actelor nationale si internationale [Regulation of torture and inhuman and degrading treatment through the national and international acts]

Author

Listed:
  • Augustina BOLOCAN- HOLBAN

    (Magistru in drept, lector universitar, Catedra Drept Penal si Criminologie, Facultatea de Drept, USM)

Abstract

According to the jurisprudence of the Court, to come within the scope of Article 3 ill-treatment must attain a minimum level of severity. The assessment of this minimum is relative in nature and it depends on all facts of the case, including the duration of treatment, its physical and mental effects and, sometimes, sex, age and health status of the victim (see, among others, Ireland v. United Kingdom, January 18, 1978, Series A No. 25, p. 65, § 162; Case of Peers v. Greece April 19, 2001, § 67).

Suggested Citation

  • Augustina BOLOCAN- HOLBAN, 2009. "Reglementarea torturii si a tratamentului inuman si degradant prin prisma actelor nationale si internationale [Regulation of torture and inhuman and degrading treatment through the national and intern," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 3, pages 133-140, December.
    • Handle: RePEc:lum:rev4rl:v:3-4:y:2009:i::p:133-140
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    More about this item

    Keywords

    The torture; degrading and inhuman treatment; complainant; the jurisprudence of the European Court; Europene;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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