Upholding the Prohibition of Torture

The Contribution of the European Court of Human Rights


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, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, exploring some still contentious issues, and 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 significant 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.

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Dr. Andrea Carcano is Associate Professor of International Law with the Department of Law of the University of Modena and Reggio-Emilia, Italy. Previously, he was a legal officer with the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.

Professor Tullio Scovazzi, now retired, was Professor of International Law at the Universities of Parma, Genoa, Milan and Milan-Bicocca, Italy. He is an associate member of the Institut de Droit International.


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
  Andrea Carcano and Tullio Scovazzi


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The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners.
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