DOES ARTICLE THREE PRECLUDE THE ECtHR FROM BALANCING THE PROHIBITION OF TORTURE WITH OTHER INTERESTS?
Seher ÇAKAN
Abstract
In this article, there are two main arguments. First one is what the definition of an absolute right is, because although Article 3 is accepted as an absolute right, the Court has not defined it. Within the European Convention on Human Rights what an absolute right will be given. The essay describes it within each of cases heard by the Court and Article 15(2).The last one is whether inhuman and degrading treatment or punishment prevents the Court from balancing it against other interests such as national security. This part examines different case law of the ECHR.
Key words: absolute right, ECtHR, torture,balance, other interests