Case Law of the European Court of Human Rights Regarding the Prohibition of Misbehavior Toward the Guilty (Study Between 1999 and 2023 A.D)

Document Type : Original Article

Authors

1 Graduate of Master of Criminal Law and Criminology, Faculty of Law and Political Science, Chalus Branch, Islamic Azad University, Chalus, Iran

2 Professor, Department of Criminal Law & Criminology, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran

3 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

Protection the principle of human dignity and its requirements has a special place in international standards today, and due to its importance in promoting human rights, it has been emphasized in human rights documents. In this regard, article 3 of the European Convention on Human Rights under the title "Prohibition of Torture" upholds one of the most basic values of democratic societies and as a criterion of a civilized society, is closely related to respect for human dignity; Therefore, its compliance is absolute and any deviation from its rules is considered illegal. The European Court of Human Rights as the only authority interpreting the rights contained in this convention, has issued rulings with the aim of enhancing the position of the subject of Article 3 and in order to strengthen the requirements of the principle of human dignity which undoubtedly increase the dimensions of the debate they expand compared to the past. One of the most important examples related to this requirements is the prohibition of misbehavior toward the guilty. This article, has been written aims to explain case law of the European Court of Human Rights regarding the cases related to the violation of the prohibition of misbehavior toward the guilty in the contracting states which have been referred to this court, with a descriptive-analytical approach and using the documentation and library method. The findings indicate that this authority with a procedure far from faltering,has used specific mechanisms to evaluate whether the action taken constitutes misbehavior toward the guilty.

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