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Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights

Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights

Author: Tullio Scovazzi; Andrea Carcano
Publisher: Brill Nijhoff
ISBN: 9789004468696
Published In: March 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

$318.14

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Description
Contents

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This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, as well as, at times with perplexing frequency, within Member States of the Council of Europe. Tellingly in this regard, the ECtHR has, since its inception, entered numerous findings of torture (more than fifty). Keeping in mind the significance of this data and the importance of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court of Human Rights on the prohibition of torture. Through this analysis of leading cases and the legal issues ensuing from them, this book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, and exploring some still contentious issues, stressing the several achievements as well as some still questionable outcomes. The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume important portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.

Preface

Abbreviations

Table of Cases

1. The Prohibition of Torture under International Human Rights Law

Tullio Scovazzi

2. Developing the Concept of Torture

Andrea Carcano

3. Purposes of Torture

Andrea Carcano

4. The Prohibition of Torture and State of Necessity

Tullio Scovazzi

5. The Prohibition of Torture and the Surrender of Suspected Persons