Law 3101A/B Study Guide - Quiz Guide: Assault Occasioning Actual Bodily Harm

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2 Jul 2020
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Inhuman and torture human rights: scope. Torture = deliberate inhuman treatment causing very serious and cruel suffering (ireland v. Intentional and inflicted for a purpose (obtaining evidence, punishment, intimidation) Severity depends on circumstances of the case just as the minimum threshold for (selmouni v france 100) Inhuman = bodily injury of a certain degree of severity or intense mental suffering (vc v. Any physical force not necessary by own conduct diminishes human dignity and is in principle infringement of echr 3 (ribitsch v austria 38) Degrading = treatment is such as to arouse in the victim feelings to fear, anguish and inferiority capable of humiliation and debasing them (yagiz v turkey 36) The suffering must go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment (georgiev v bulgaria 102) The ill-treatment must attain a minimum threshold of severity.