Romania and Article 3 of the ECHR in the Recent Case-Law of the European Court of Human Rights Cover Image

Romania and Article 3 of the ECHR in the Recent Case-Law of the European Court of Human Rights
Romania and Article 3 of the ECHR in the Recent Case-Law of the European Court of Human Rights

Author(s): Bianca Selejan-Gutan
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: cases against Romania; Strasbourg Court; torture; inhuman and degrading treatments

Summary/Abstract: The study presents the main requirements of Article 3 of the European Convention on Human Rights, with a special regard to the cases against Romania judged by the Strasbourg Court. A special focus is placed upon the police violence which amounted to „torture” in the case Bursuc v. Romania and to inhuman and degrading treatments in some other cases. The nine cases solved by the European Court on the merits and in which it stated upon the respect by Romania of the physical and moral integrity of the person are not, probably, sufficient from a quantitative point of view so to allow a pattern of police and/or penitentiary violence. But the seriousness of the facts that amounted to ill-treatments in these cases can raise some question marks.

  • Issue Year: 2008
  • Issue No: 1-2
  • Page Range: 121-130
  • Page Count: 8
  • Language: English
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