L’application de l’article 3 de la Convention EDH aux personnes privées de liberté-une démarche jurisprudentielle évolutive
Applying Article 3 of the ECHR to Persons Deprived of Their Liberty – an Evolutionary Jurisprudence Measure

Summary/Abstract: The applicability of article 3 of the European Convention on Human Rights to people deprived of their liberty is of great importance in the context of the process of increasing rights of prisoners through this European instrument. Thus, by way of a constructive and progressive interpretation made by the European judges, the field of application of this article was extended to include the issue of detainees. The idea behind this jurisprudential development lies in the fact that prisoners represent the people that are most likely to be submitted to degrading, inhuman treatments or torture, given that they are placed under a subordination relationship with the authorities. In addition, the authorities dispose of a discretionary power over detainees and, under the pretext of preserving order and security in prisons, they might commit abuses.

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