"No one shall be subjected to torture or degrading treatment or punishment."135 Particularly
important is one clause in the court’s ruling. After describing detention and living
conditions in Greece in detail, the court determined:
Based on these conclusions and on the obligations incumbent on the
States under Article 3 of the Convention in terms of expulsion, the Court
considers that by transferring the applicant to Greece the Belgian
authorities knowingly exposed him to conditions of detention and living
conditions that amounted to degrading treatment. That being so, there has
been a violation of Article 3 of the Convention.136
The court’s jurisprudence has reiterated that the prohibition of inhuman and degrading
treatment is uniquely uncompromising. 137 In June 2010 in Gäfgen v. Germany , the court
articulated this absolute prohibition:
Article 3 of the Convention enshrines one of the most fundamental values
of democratic societies. Unlike most of the substantive clauses of the
Convention, Article 3 makes no provision for exceptions and no derogation
from it is permissible … even in the event of a public emergency threatening
the life of the nation.138
Although Frontex rejects any responsibility for what happens to migrants in detention in
Greece because it has no mandate over that detention, Human Rights Watch maintains
that such a mandate is not the basis on which liability is incurred. Not having the mandate
to intervene in abusive detention centers does not absolve Frontex from responsibility and
liability where it co-operates in activities that contribute to exposing detainees to the
abuses that occur in them.
135
Human Rights Watch recognizes that Frontex is not bound by the ECHR, since the EU has not yet acceded to the
Convention. But the M.S.S. v. Belgium and Greece ruling of the ECtHR is nevertheless instructive and touches on the
prohibition to subject people to inhuman and degrading treatment that appears not only in the ECHR, but in the Charter as
well, to which Frontex is bound.
136
ECtHR, M.S.S. v Belgium and Greece, paras. 367-368.
137 See ECtHR Selmouni v. France, no. 25803/94, ECHR 1999-V
http://www.unhcr.org/refworld/country,,ECHR,,MAR,456d621e2,3ae6b70210,0.html (accessed April 4, 2011). The Court
confirmed that even in the most difficult circumstances, such as the fight against terrorism and organized crime, the
Convention prohibits in absolute terms inhuman or degrading treatment or punishment, irrespective of the conduct of the
person concerned (see also ECHR Chahal v. the United Kingdom, 15 November 1996, Reports of Judgments and Decisions
1996-V, http://www.unhcr.org/refworld/country,,ECHR,,IND,,3ae6b69920,0.html, (accessed April 4, 2011)).
138 ECtHR, Gäfgen v. Germany, no. 22978/05, June 1, 2010, http://www.bailii.org/eu/cases/ECHR/2010/759.html, (accessed
April 4, 2011).
47
HUMAN RIGHTS WATCH | SEPTEMBER 2011
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων