The extra-territorial application of article 3 in the case law of the ECtHR

Postgraduate Thesis uoadl:2858598 607 Read counter

Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική Δικονομία
Library of the School of Law
Deposit date:
2019-02-11
Year:
2019
Author:
Bratis Pantelis
Supervisors info:
Αριστομένης Τζαννετής, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ
Αλέξανδρος Δημάκης, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ
Νικόλαος Δημητράτος, Επίκουρος Καθηγητής Νομικής Σχολής ΕΚΠΑ
Original Title:
Η προβληματική της εξωεδαφικής εφαρμογής του άρθρου 3 στη νομολογία του ΕΔΔΑ
Languages:
Greek
Translated title:
The extra-territorial application of article 3 in the case law of the ECtHR
Summary:
This paper deals with the extra territorial application of Article 3 of the ECHR, i.e. it deals with cases whereby, according to the case-law interpretation of Article 3 by the ECtHR, a State is required to refrain from delivering or removing a person to another country, on the basis of legitimate fears that such an act would expose the person concerned to the risk of being subjected to torture or other inhuman and degrading treatment or punishment.
In the first part, the necessary conceptual distinctions are made between the terms cumulatively found in Article 3, while reference is also made to the absolute nature of the provision under consideration, the conditions and the evidence of its application, as well as the effect, which the violation of Article 3 may bring to the right to a fair trial. Furthermore, the obligations that arise for states from the provision of Article 3 of the ECHR are examined and compared to the relevant provisions of the Greek Penal Code.
In the second part of the dissertation, the vast jurisprudence of the ECtHR on the extra territorial application of Article 3 is analyzed, covering a wide range of cases, from the traditional institution of extradition and the problem of the death penalty to the contemporary asylum and refoulement issues, even within the countries of the European Union. Moreover, we approach the general jurisdiction of the states to supervise and safeguard the rights enshrined in the Convention, the complex issues as to the time and mode of evidence for the detection of imminent violations of Article 3 in the territory of another country, as well as the discretion of the Strasbourg Court to order interim measures under urgent circumstances. Finally, one can find the writer's overall observations and conclusions.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Law
Criminal Procedure
Keywords:
article 3, ECHR, ECtHR, extra-territorial application, torture, inhuman or degrading treatment, extradition, asylum, refoulement
Index:
No
Number of index pages:
0
Contains images:
No
Number of references:
25
Number of pages:
81
File:
File access is restricted only to the intranet of UoA.

Διπλωματική Εργασία Τελικό ΙΙ .pdf
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