ECtHR – Judgement of 28.02.2008, Saadi v. Italy, 37201/06 –Article 3 ECHR – Prohibition of torture or to inhuman or degrading treatment or punishment – Terrorism v. torture
Keywords:
torture, terrorism, no devolution, diplomatic assurances.Abstract
In Saadi v. Italy, the European Court of Human Rights unanimously reasserted the absolute nature of article 3 (prohibition of torture) of European Convention on Human Rights irrespective of the case or the person concerned. Both Italy and the United Kingdom, as third party intervener, claimed for a reinterpretation of the obligation of no devolution (non-refoulement) derived from article 3 in cases of terrorism: they considered that in those cases the risk of torture should be balanced with the dangerousness the individual represents for the State.Downloads
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Published
2009-05-20
How to Cite
ELENA CÓNDE PÉREZ. (2009). ECtHR – Judgement of 28.02.2008, Saadi v. Italy, 37201/06 –Article 3 ECHR – Prohibition of torture or to inhuman or degrading treatment or punishment – Terrorism v. torture. Revista De Derecho Comunitario Europeo, (32). Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/46327
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CASE LAW EUROPEAN COURT OF HUMAN RIGHTS
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