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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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Prohibition on Torture and Other Ill-treatment

Prohibition on Torture and Other Ill-treatment

Chapter:
(p.190) V Prohibition on Torture and Other Ill-treatment
Source:
The Reception of International Law in the European Court of Human Rights
Author(s):

Magdalena Forowicz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592678.003.0006

The case law of the Strasbourg bodies referring to the Convention Against Torture has followed an even, albeit curious development. This chapter analyses the Courts' and the Commission approach to the distinction between torture and other ill-treatment, a notion which remains unclear in international law. The Commission initially indicated that it would follow a purpose-oriented, whereas the Court opted for an approach based on the severity of pain requirement. In the recent times, the Court seems to have focused on a mixture of these approaches. The chapter further discusses the co-existence between the ECtHR and the Committee Against Torture. This aspect was largely unproblematic until now, in part, because it has been scarce and, in part, due to a coherent legislative set up. Finally, a survey of the case law reveals that, in spite of a lack of explicit references to the case of the Committee, there is an important convergence between their respective decisions.

Keywords:   purpose, severity of treatment, Committee Against Torture, The Greek Case, Special Rapporteur, torture

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