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Dopuszczalność wydalania ciężko chorych cudzoziemców a zakaz nieludzkiego traktowania na podstawie art. 3 EKPC w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

100%

Wojnowska-Radzińska J.

Zeszyty Prawnicze BAS

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2014

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issue 4(44)

20-39

EN

The article provides an analysis of the legal aspects of expulsion of an alien suffering from a serious physical or mental illness to a country where treatment options for this illness are less accessible than those available in the country of residence (particularly in the case of HIV/AIDS, HCV, various forms of cancer, etc.). The article indicates the legal basis under European law (especially Article 3 of the European Convention on Human Rights on the prohibition of inhuman treatment), and the case law of the European Court of Human Rights relating to this issue. The author emphasizes that the ECHR has adopted a very restrictive approach concerning the expulsion of seriously ill non-nationals, and the national courts of States parties to the ECHR must ensure protection against expulsion to foreigners.

2

A Recurring Phenomenon: The Lawful Sanctions Clause in the Definition of Torture and the Question of Judicial Corporal Punishment under International Human Rights Law

88%

Karapetyan A.

Polish Yearbook of International Law

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2016

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vol. 36

137-161

EN

Despite the universal condemnation of torture, the prevention of appalling practices of ill-treatment has not been achieved in the 21st century. The repugnant practice persists and even increases because of the disingenuous interpretations of the definition of torture and the lack of effective enforcement mechanisms. Notwithstanding the cogency of the absolute and non-derogable prohibition of torture, particularly regarding the treatment of detainees, nowadays corporal punishment as a punitive measure is arguably a recurring phenomenon in several former British colonies and in States where the legal system is based on Islamic Sharia. While several legally binding universal and regional instruments prohibit torture in general terms, with no specific definition, the scope of the Convention against Torture’s definition was narrowed down by the lawful sanctions clause. The universality of the definition has been undermined by the inclusion of this clause, since different States have different practices when it comes to lawful and unlawful sanctions. The intractable problem of the interpretation of the definition by the State-Parties and the lack of effective control mechanisms has perennially posed the greatest challenge with respect to compliance with International Human Rights Law. In light of the above, this article seeks to critically dissect the lawful sanctions clause within the context of corporal punishment.

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GÄFGEN V. GERMANY. CASE STUDY

75%

PATORA K., ŚWIĄDER E.

Przegląd Policyjny

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2020

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vol. 138(2)

219-235

EN

The article focuses on the case of Gäfgen v. Germany, which con-cerns the restrictions imposed on police offi cers who work on cases involving terror and violence posing a risk to human life, and on the ones who have to make decisions protecting victims’ lives. The choice of measures serving the protection of the highest value, i.e. human life, is not easy. At the same time, police offi cers are assessed in terms of criminal law as regards the protection of the basic human rights enjoyed by perpetrators who pose a risk to other people’s lives. The case of Gäfgen v. Germany regards the choice of values, and the criminal liability of police offi cers, connected with thereof, as well as the problem of the admissibility of evidence obtained in breach of the law in criminal proceedings, and the limitations of the fruit of the poisonous tree doctrine.

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1 Polish Yearbook of International Law

1 Przegląd Policyjny

1 Zeszyty Prawnicze BAS

1 Karapetyan A.

1 PATORA K.

1 Wojnowska-Radzińska J.

1 ŚWIĄDER E.

1 2020

1 2017

1 2014

Dopuszczalność wydalania ciężko chorych cudzoziemców a zakaz nieludzkiego traktowania na podstawie art. 3 EKPC w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka

A Recurring Phenomenon: The Lawful Sanctions Clause in the Definition of Torture and the Question of Judicial Corporal Punishment under International Human Rights Law

GÄFGEN V. GERMANY. CASE STUDY