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Title: Rethinking Article 3 ECHR : towards a better approach to safeguarding the rights of detainees during the interrogation period
Author: Graffin, N. J.
ISNI:       0000 0004 5372 933X
Awarding Body: Queen's University Belfast
Current Institution: Queen's University Belfast
Date of Award: 2014
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The aim of this thesis is to prove that Article 3 is not a sufficient tool for' regulating ill-treatment during interrogation. This issue can, in the view of this author, be best dealt with by reformulating the wording of Article 3 and by developing standards which would enhance the protect.!.on of detainees during the interrogation period. A summary of this thesis is as follows. The current system by v-:hich the European Court considers whether a breach of Article 3 has occurred is criticised. It is argued that the terms 'inhuman' and 'degrading' have little meaning in themselves and, that Article 3 should be reworded:so that it more accurate.l y describes the types of ill-treatment it sets out tQ prevent. The scope of Article 3, it .is argued, should also be widened. The thesis argues that there are a number of questioning methods which may currently be lawfully used but which Article 3 ought to prohibit. Additionally, it is contended that although the prohibition against torture is clear and unambiguous, the prohibition against ill-treatment not amounting to torture is weak, mainly due to the fact that the legal consequences following a finding of what is currently classed as inhuman and/or degrading treatment are under-developed. It is argued in this thesis that there are a number of standards which should be created and adopted by Signatory States to the European Convention aimed at setting out the legal consequences following a finding of prohibited ill-treatment not amounting to torture. As well, there should be standards developed of a more general nature aimed at enhancing the protection of detainees. These standards could be adopted through the ratification of an'-Additional Protocol to the European Convention. This thesis outlines a form that such a Protocol might take.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available