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(p. 183) 9. Prohibition of Ill-Treatment 

(p. 183) 9. Prohibition of Ill-Treatment
(p. 183) 9. Prohibition of Ill-Treatment

Bernadette Rainey

, Elizabeth Wicks

, and Andclare Ovey

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date: 04 August 2020

This chapter examines the prohibition of ill-treatment under the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of ECHR and explains that the fundamental character of the prohibition is affirmed by the fact that no derogation in respect of its provisions is permitted even in time of war or public emergency. The chapter analyses the judgments made by the Strasbourg Court in relevant cases including removal of a person from the State, investigations, and detention. It also explores evidential issues connected with proving conduct falling within Article 3 and considers the provisions of the European Convention for the Prevention of Torture.

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