Τα Βασανιστήρια και η Κατάχρηση Εξουσίας μέσα από την Επισκόπηση της Νομολογίας του ΕΔΔΑ

Αικατερίνη Γκαμάγκα, Νικόλαος Τολιόπουλος
2019
The criminal offence of power abuse is stipulated in article 239 of the Greek Penal Code and it primarily punishes the illegal use of forceful means by state officials against individuals being kept under their control during investigative proceedings, with the purpose of extracting from them an oral or written testimony. Cases falling under the crime of power abuse are dealt with by the ECHR's jurisprudence within the scope of article 3 of the Convention, which regards the prohibition of
more » ... rohibition of torture or other inhuman or degrading treatment or punishment. The purpose of this study is to present the way by which the ECHR deals with forms of conduct that constitute the crime of power abuse through an overview of its most recent jurisprudence. In particular, the authors initially showcase the important distinction between the concepts of torture and inhuman or degrading treatment or punishment, the way that this interpretation has historically evolved through the Court's jurisprudence, as well as the interpretation that is adopted by the most recent jurisprudence of the ECHR. This distinction is of particular practical value since, according to Art. 239 of the Greek Penal Code, a certain form of conduct is only subsidiarily punishable as abuse of power, only in the case that it not punishable as torture according to the corresponding provision of Art. 137 Α of the Greek Penal Code. Next, the authors examine the important judgement in the case of Bouyid v. Belgium, which formed the Court's jurisprudence from 2015 onwards in the way that the ECHR confronts the forms of conduct of state officials and particularly police officers, who resort to the use of violence against persons under their control, without it being made strictly necessary by the behavior of the latter. The authors then illustrate how the ECHR treats certain behaviors that constitute acts of violence by state officials against persons under their control during investigative proceedings for the purpose of extracting a written or oral testimony. Ultimately, [...]
doi:10.26262/pj.v2i0.7485 fatcat:7buzs7x3yfbcba36bty6bzk25m