Beyond Reasonable Doubt at its Worst–But Also at its Potential Best: Dissecting Ireland v the United Kingdom's No-Torture Finding

MB Dembour - European Convention on Human Rights Law Review, 2023 - brill.com
Beyond reasonable doubt (brd) is arguably the Strasbourg Court's default standard of proof.
This favours the respondent state over the applicant, though less starkly so if inferences are …

Cooperating with the enemy of mankind: can states simply turn a blind eye to torture?

S Fulton - The International Journal of Human Rights, 2012 - Taylor & Francis
The English courts have been unanimous and outspoken in their recognition of the
prohibition of torture as a core principal of English and international law. However, when it …

English Law and Evidence Obtained by Torture: Vindication of Basic Principle or Judicial Abnegation? Implications of A v. Secretary of State for the Home Department.

P Birkinshaw - Torture: Moral Absolutes and Ambiguities, 2009 - nomos-elibrary.de
Unhappily, condemnatory words are not always matched by conduct. 2 Many of the chapters
in this book deal with the question of torture in a philosophical, pragmatic, jurisprudential …

Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights: Andrea Carcano and Tullio Scovazzi, Brill 2023, ISBN …

E Cakal - 2024 - Taylor & Francis
There exists a wide selection of standard texts on the international legal framework on
torture–variably comprehensive, 1 concise 2 and thematic. 3 With the publication of …

Reassessment of the Ireland v. the United Kingdom ECtHR case: A lost opportunity to clarify the distinction between torture and ill-treatment

V Stefanovska - Torture Journal, 2019 - tidsskrift.dk
Abstract Introduction: In the 1978 Ireland v. the United Kingdom case, the European Court of
Human Rights (ECtHR) did not consider that the so called" five techniques" caused enough …

Executing a European Arrest Warrant in the Middle of a Rule of Law Crisis: Case C-216/18 PPU Minister for Justice and Equality

N Subic - Irish J. European L., 2018 - HeinOnline
In LM, the Court of Justice ruled that the executing Member State (in this case Ireland) must
refrain from giving effect to an European Arrest Warrant where the issuing Member State (in …

Earning deference from Strasbourg: Has the UK got the message?

A Donald - The Human Rights Act After 22 Years: Evolution …, 2022 - repository.mdx.ac.uk
This blog post, based on a presentation to the Society of Legal Scholars Annual Seminar on
3-4 November 2022, addresses a paradox: why is it that the European Court of Human …

Disavowing Torture in the House of Lords

ATH Smith - The Cambridge Law Journal, 2006 - cambridge.org
The issue is one of constitutional principle, whether evidence obtained by torturing another
human being may lawfully be admitted against a party to proceedings in a British court …

[PDF][PDF] Submission to the United Nations Committee against Torture

Northern Ireland Human Rights Commission - 2019 - niopa.qub.ac.uk
1.1 The Northern Ireland Human Rights Commission (the NIHRC) is one of three A-status
National Human Rights Institutions in the United Kingdom (UK). Established in 1999, the …

This side of silence: Human rights, torture and the recognition of cruelty

T Southerden - 2013 - JSTOR
For some writers, the problem with torture is its inexpressibility. For John Conroy, torture is a
set of" unspeakable acts" carried out by and on" ordinary people/" while Elaine Scarry has …