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The European Convention For The Prevention Of Torture

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Chapter Summary

The prohibition of torture and cruel inhuman or degrading treatment or punishment has emerged as a norm of customary international law with peremptory status or jus cogens, notwithstanding the very wide Sate practice in all regimes of the world. The European Convention for the Prevention of Torture (ECPT) and Inhuman or Degrading Treatment or Punishment and its treaty-body the CPT have emerged in 1980s. The main idea of the ECPT is to ensure a compliance with the prohibition through the prevention of torture, inhuman or degrading treatment or punishment. Obligations to permit visits and to co-operate stipulated in Articles 2 and 3 of the ECPT are spelled out and specified further in the text of the Convention. Article 7 mentions two types of visits: periodic and ad hoc ones. In spite of being a nonjudicial body the CPT calls its set of standards jurisprudence.

Keywords: CPT's jurisprudence; customary international law; ECPT



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