RENFORCEMENT DES DROITS DES DÉTENUS EN MATIÈRE D’ISOLEMENT CELLULAIRE : UN DOUBLE STANDARD? COMMENTAIRE DE L’ARRÊT SCHMIDT ET ŠMIGOL C. ESTONIE
STRENGTHENING PRISONERS’ RIGHTS IN RELATION TO SOLITARY CONFINEMENT: A DOUBLE STANDARD? COMMENTARY ON THE SCHMIDT AND ŠMIGOL V. ESTONIA JUDGMENT
Author(s): Ilhem Takoudat, Paul Martins Dos SantosSubject(s): Human Rights and Humanitarian Law, Sociology of Law, Court case
Published by: INSTITUT LOUIS FAVOREU
Keywords: Prohibition of inhuman and degrading treatment; Article 3 of the European Convention on Human Rights; conditions of detention; solitary confinement; principle of proportionality;
Summary/Abstract: Without seeking to be exhaustive, this article offers a review of the criteria for the proportionality review carried out by the ECtHR in matters of solitary confinement as well as the clarifications provided by the judgment pronounced on 28 November 2023 against Estonia. From the perspective of this judgment, the authors also question a possible criticism aimed at the issue of the double standard in European case law, which the Court would apply depending on the respondent State facing it, as well as the difficulty of obtaining an overall compromise.
Journal: LETTRE DE L’EST
- Issue Year: 2024
- Issue No: 36
- Page Range: 70-83
- Page Count: 14
- Language: French
