SELMOUNI v. FRANCE JUDGMENT
29
94. The French Government pointed to a contradiction between the
finding by the Commission, which noted the “seriousness” of the injuries
found by Dr Garnier in his report of 7 December 1991, and the finding by
Dr Garnier himself, who concluded in a later report that the injuries had “no
serious features”. The Government also submitted that the eye specialist had
concluded that there was no causal link between the alleged facts and the
loss of visual acuity.
In any event, they contended in the light of both the Court’s case-law
(see the Ireland v. the United Kingdom, Tomasi and Aydın judgments cited
above) and the circumstances of the case that the ill-treatment allegedly
inflicted by the police officers did not amount to “torture” within the
meaning of Article 3 of the Convention.
95. The Court reiterates that Article 3 enshrines one of the most
fundamental values of democratic societies. Even in the most difficult
circumstances, such as the fight against terrorism and organised crime, the
Convention prohibits in absolute terms torture and inhuman or degrading
treatment or punishment. Unlike most of the substantive clauses of the
Convention and of Protocols Nos. 1 and 4, Article 3 makes no provision for
exceptions and no derogation from it is permissible under Article 15 § 2
even in the event of a public emergency threatening the life of the nation
(see the following judgments: Ireland v. the United Kingdom cited above,
p. 65, § 163; Soering cited above, pp. 34-35, § 88; and Chahal v. the United
Kingdom, 15 November 1996, Reports 1996-V, p. 1855, § 79).
96. In order to determine whether a particular form of ill-treatment
should be qualified as torture, the Court must have regard to the distinction,
embodied in Article 3, between this notion and that of inhuman or
degrading treatment. As the European Court has previously found, it
appears that it was the intention that the Convention should, by means of
this distinction, attach a special stigma to deliberate inhuman treatment
causing very serious and cruel suffering (see the Ireland v. the United
Kingdom judgment cited above, pp. 66-67, § 167).
97. The United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which came into force on
26 June 1987, also makes such a distinction, as can be seen from Articles 1
and 16: