Özet:

The right to freedom from torture recognised in international human rights treaties. The prohibition of torture has today become a jus cogens qualiŞ ed norm of international law. The conventions include the prohibition of torture and other ill treatments just after it and of inhuman and degrading treatment and punishment. The expression of “ill treatment” is often used to deŞ ne inhuman treatments out of torture. Even though torture has been considered to be at the same statue with ill treatments in international laws, it certainly is separated from ill treatment methods in many aspects. In the Ş rst article of United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 deŞ ned torture and included the elements distinguishing the other forms of ill treatment. The European Convention of Human Rights, in the third article, regulated the prohibition of torture and other ill treatments under the same article and subordinated it to the same conclusion. The European Court of Human Rights deŞ nitely mentions the separation between torture and other treatments. However, in the convention, neither torture was deŞ ned nor distinguishing standards from other treatments were stated. Using also the deŞ nition of the United Nations Convention, the Court resorts to deŞ ne torture and identify its elements. This article aims to focus on the concept of torture and its elements in the case-law of the European Court and then decicions which have been described as torture by the Court will be evaluated. As the concept of torture is not inclued in Turkish Criminal Law, explanation regarding this issue will not be taken into consideration

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