Santrauka
This article focuses the attention to prohibition of torture in the European region, basically, the region that is covered by the European Convention For the Protection of Human Rights and Fundamental Freedoms (hereinafter The European Convention on Human Rights, or the Convention), which was signed on 4 November 1950 in the scope of the Council of Europe. The prohibition of torture and protection of each individual from inhuman or degrading treatment or punishment (Article 3 of the Convention) is one of the most fundamental provisions in the Convention, it enshrines the basic values of democratic societies, and its interpretation must be guided by a recognition of its importance. This right is absolute and may be preserved in all and each circumstances. A wide range of treatment can be considered to breach Article 3, and it will depend on the circumstances of the case, including the effect that it has on the victim, taking into account his or her age, health and mental and physical condition. Normative international and regional instruments lay down the obligations of the states for the prohibition of torture. These instruments promote and develop the right of every person no to be subjected to torture, without discrimination or exclusion. It is for governments of the states to fulfill their obligations in both legal and political ways. The prohibition of torture is also to be found in almost all domestic legal systems. Article 3 imposes both negative and positive obligations: that is an obligation to refrain from certain action, and obligations to take positive action to secure individuals their rights and to protect them from prohibited treatment. However, the numerous cases of the European Court on Human Rights indicates, that there is no clear understanding of the content and scope of the prohibition of torture or strong will of the state governments to respect this right. Therefore the object of the research is the content of the right not to be tortured, the obligations of the states in respect of this right and possible derogations in the conditions of public safety protection, the objective of this article is to disclose the scope of the prohibition to torture foreseen in Article 3 of the European Convention on Human Rights and to discuss the possible circumstances in which a state may legitimately interfere with the exercise of this right basing its actions on protection of public safety.
