Search

The Line between Cruelty and Torture


Ireland v United Kingdom [1978]


The Government of the Republic of Ireland claimed that these methods infringed Article 5 (right to liberty and security) of the European Convention on Human Rights (ECHR). They also claimed that the practices amounted to torture in violation of Article 3 (prohibition of torture) of the ECHR. The Court held that although the 5 techniques amounted to a practice of “inhuman and degrading treatment", which practice was in breach of Article 3, “they did not occasion suffering of the particular intensity and cruelty implied by the word torture”. In 2014, upon uncovering more evidence, the Irish Minister for Foreign Affairs and Trade sought to revise the Court’s judgment. The request for revision was dismissed by the Court in 2018.


Written by: Aathira Prakash Menon, 4th Year LLB Student at the University of Edinburgh, Intern at S. Bhambri and Associates.


6 views0 comments

Recent Posts

See All

A CONCEPT OF DOUBLE JEOPARDY

Introduction Black’s law dictionary defines Double Jeopardy as: – A second prosecution after a first trial for the same offense. In India, protection against double jeopardy could be an elementary rig

FARMS ACTS 2020: FRIEND OR FOE TO FARMERS?

INTRODUCTION Indian Parliament, in the preceding year passed three bills related to agriculture and farming, together known as the Farmers Bill. The Bills include The Farmer’s Produce Trade and Commer

MAINTENANCE OF PARENTS AND SENIOR CITIZENS

Portraying your own self as one day you will be undergoing this stage “Do not regret growing older. It’s a privilege denied to many.” Indian society is proud of its diverse culture and traditions. Com