Published: 1 Dec 2008 | By Grigor Avetisyan

Gäfgen: opening the door to a reassessment of Article 3 violations?


The ECtHR ruling in the Gäfgen case, whereby the applicant was recognised as having been subjected to inhuman treatment without being a victim of a violation of Article 3, breathes new life into the debate about the ECtHR’s assessment of modern interrogation techniques and the value of evidence obtained under pressure. The ECtHR’s response to cases involving modern pyschologically orientated interrogation techniques must involve an examination of the minimum level of severity needed to ground claims under Article 3. In this case, the ECtHR did not regard the threat of torture as torture.

In this article, Grigor Avetisyan considers the Gäfgen case in depth to assess its implications for future allegations of a violation of Article 3 in instances of police interrogation. To find out more, click on the link below.