Article 3 of the European Convention on Human Rights
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Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right.
This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The European Court of Human Rights has further held that this provision prohibits the extradition of a person to a foreign state if they are likely to be subjected there to torture. This article has been interpreted as prohibiting a state from extraditing an individual to another state if they are likely to suffer the death penalty. This article does not, however, on its own forbid a state from imposing the death penalty within its own territory.
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Article 3 – Prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Contents
Bamber Case
On 9 July 2013, UK prisoner Jeremy Bamber won an appeal to the European Court of Human Rights that whole life imprisonment (with no chance of parole) was in contravention of Article 3 of the European Convention on Human Rights.
The Grand Chamber voted overwhelmingly in favour of the decision by 16-1, meaning that the UK government will now be forced to review 49 instances of whole life sentences.
