Art. 3 ECHR prohibits torture, inhuman and degrading treatment and punishment without any exception. According to the author, the reason for the unlimited prohibition is the protection of human dignity. The author specifies the term with the object formula, which is based on Kant's moral philosophy. He shows that based on Kant's thinking, a definition can be created, which is applicable for each member state of the ECHR. Subsequently, the author describes the influence of Art. 3 ECHR in the field of material and procedural criminal law. In this context, he analyzes the jurisdiction of the ECtHR concerning the principle of fair trial in Art. 6 ECHR if evidence directly obtained under a violation of Art. 3 ECHR is used. Regarding the use of a fruit of an evidence which was obtained under a breach of Art. 3 ECHR in a trial, the author develops convincing solutions by combining the object formula with the fruit-of-the-poisonous-tree-doctrine.
|Series:||Schriften zum Internationalen und Europaischen Strafrecht Series , #21|