ELCI AND OTHERS v. TURKEY JUDGMENT
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630. Allegations of torture or ill-treatment and allegations that doctors
were merely acting in accordance with the instructions of the security forces
were a standard defence tactic at the time. Any substantiated allegations
would have been taken up by the Public Prosecutor.
631. The Government did not share the views expressed in various
reports relied on by the applicants concerning Turkey and drawn up by
certain international governmental or non-governmental organisations, the
CPT statements being mainly concerned with police rather than gendarme
custody.
B. The Court's assessment
1. General Principles
632. 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 its Protocols, 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, among
other authorities, the Ireland v. the United Kingdom judgment of 18 January
1978, Series A, no 25, p. 65, §163, and the Selmouni v. France judgment of
28 July 1999, Reports 1999-V, § 95).
633. Ill-treatment must attain a minimum level of severity if it is to fall
within the scope of Article 3. The assessment of this minimum is, in the
nature of things, relative; it depends on all the circumstances of the case,
such as the duration of the treatment, its physical or mental effects and, in
some cases, the sex, age and state of health of the victim (the Ireland v. the
United Kingdom judgment cited above, p. 65, § 163). The Court recalls in
this regard that, in respect of persons deprived of their liberty, recourse to
physical force which has not been made strictly necessary by their own
conduct diminishes human dignity and is in principle an infringement of the
right set forth in Article 3 (see the Ribitsch v. Austria judgment of 4
December 1995, Series A no. 336, p. 26, § 38, the Tekin v. Turkey judgment
of 9 June 1998, Reports 1998-IV, § 53, and the Selmouni v. France
judgment cited above, § 99).
634. 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 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