On the scientific article: Differences in the definition of the prohibition of torture

Abstract

Protection of human life and health is one of the main foundations of a democratic society. Prohibition of torture is one of the guarantees of the aforementioned principle. It is no coincidence that torture has been given the status of jus cogens, which indicates the imperative nature of the norm and the mandatory nature of its execution. This article discusses the differences in the definition of the prohibition of torture, both according to international and national legislation. The International Review of the Prohibition of Torture aims to review international standards on the prohibition of torture in order to draw a line between torture and contiguous structures. Also, the scope of Article 3 of the European Convention on Human Rights and the meaning of the minimum threshold of cruelty. In this article, based on the analysis of European human rights jurisprudence, the criteria are also established, in the presence of which an action may be qualified as torture. Special attention is paid to the definition of torture in the national legislation, its relation to the definition of torture established by international acts, as well as to related articles. I hope that this scientific article will arouse the interest of both practicing lawyers and scholars of criminal law and international law.