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Člen 4 - Prepoved mučenja in nečloveškega ali ponižujočega ravnanja ali kaznovanja

Člen 4 - Prepoved mučenja in nečloveškega ali ponižujočega ravnanja ali kaznovanja

Nihče ne sme biti podvržen mučenju ali nečloveškemu ali ponižujočemu ravnanju ali kaznovanju.

    Text:

    Pravica v členu 4 je pravica, zagotovljena s 3. členom EKČP, ki ima enako besedilo: `Nikogar se ne sme mučiti ali nečloveško in ponižujoče z njim ravnati ali ga kaznovati.` Zato ima na podlagi člena 52(3) Listine člen 4 enak pomen in področje uporabe kot 3. člen EKČP.

    Source:
    Uradni list Evropske unije C 303/17 - 14.12.2007

    Preamble - Explanations relating to the Charter of Fundamental Rights:
    V nadaljevanju navedena pojasnila so bila prvotno pripravljena pod vodstvom predsedstva Konvencije, ki je sestavilo Listino Evropske unije o temeljnih pravicah. Ta pojasnila so bila posodobljena pod vodstvom predsedstva Evropske konvencije zaradi prilagoditve besedila Listine s strani omenjene konvencije (zlasti členov 51 in 52) in nadaljnjega razvoja prava Unije. Čeprav sama nimajo pravne veljave, so dragocena pomoč pri razlagi in pojasnjevanju določb Listine.

49 results found

  • Charter of Fundamental Rights and Freedoms

    URL:
    Charter of Fundamental Rights and Freedoms
    Country:
    Czechia

    Article 7 (1) The inviolability of the person and of her privacy is guaranteed. They may be limited only in cases provided for by law. (2) No one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

  • Listina základních práv a svobod

    URL:
    Listina základních práv a svobod
    Country:
    Czechia

    Článek 7 (1) Nedotknutelnost osoby a jejího soukromí je zaručena. Omezena může být jen v případech stanovených zákonem. (2) Nikdo nesmí být mučen ani podroben krutému, nelidskému nebo ponižujícímu zacházení nebo trestu.

  • Human Rights Act 1998

    URL:
    Human Rights Act 1998
    Country:
    United Kingdom

    See ECHR provisions of Article 3 which have been incorporated into UK law by the Human Rights Act 1998.. Schdule 1, Article 3 No one shall be subjected to torture or to inhuman or degrading treatment or punishment. See ECHR provisions of Article 4 which have been incorporated into UK law by the Human Rights Act 1998.. Schdule 1, Article 4 Prohibition of slavery and forced labour 1No one shall be held in slavery or servitude. 2No one shall be required to perform forced or compulsory labour. 3For the purpose of this Article the term “forced or compulsory labour” shall not include: (a)any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; (b)any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; (c)any service exacted in case of an emergency or calamity threatening the life or well-being of the community; (d)any work or service which forms part of normal civic obligations.

  • Instrument of Government

    URL:
    Instrument of Government
    Country:
    Sweden

    Chapter 2 - Fundamental Rights and Freedoms: Article 5 Everyone shall be protected against corporal punishment. No one may be subjected to torture or medical intervention with the purpose of extorting or suppressing statements.

  • Kungörelse (1974:152) om beslutad ny regeringsform

    URL:
    Kungörelse (1974:152) om beslutad ny regeringsform
    Country:
    Sweden

    2 kapitlet - Grundläggande fri- och rättigheter: 5 § Var och en är skyddad mot kroppsstraff. Ingen får heller utsättas för tortyr eller för medicinsk påverkan i syfte att framtvinga eller hindra yttranden.

  • Constitutión Española

    URL:
    Constitutión Española
    Country:
    Spain

    Artículo 15Todos tienen derecho a la vida y a la integridad física y moral, sin que, en ningún caso, puedan ser sometidos a tortura ni a penas o tratos inhumanos o degradantes. Queda abolida la pena de muerte, salvo lo que puedan disponer las leyes penales militares para tiempos de guerra.

  • Constitution of the Kingdom of Spain

    URL:
    Constitution of the Kingdom of Spain
    Country:
    Spain

    Section 15 Everyone has the right to life and to physical and moral integrity, and under no circumstances may be subjected to torture or to inhuman or degrading punishment or treatment. Death penalty is hereby abolished, except as provided for by military criminal law in times of war.

  • Constitution of the Republic of Slovenia

    URL:
    Constitution of the Republic of Slovenia
    Country:
    Slovenia

    Article 18 No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.Article 21 Respect for human personality and dignity shall be guaranteed in criminal and in all other legal proceedings, as well as during the deprivation of liberty and enforcement of punitive sanctions. Violence of any form on any person whose liberty has been restricted in any way is prohibited, as is the use of any form of coercion in obtaining confessions and statements.

  • Ustava Republike Slovenije

    URL:
    Ustava Republike Slovenije
    Country:
    Slovenia

    18. člen Nihče ne sme biti podvržen mučenju, nečloveškemu ali ponižujočem kaznovanju ali ravnanju. Na človeku je prepovedano delati medicinske ali druge znanstvene poskuse brez njegove svobodne privolitve. 21. člen Zagotovljeno je spoštovanje človekove osebnosti in njegovega dostojanstva v kazenskem in v vseh drugih pravnih postopkih, in prav tako med odvzemom prostosti in izvrševanjem kazni. Prepovedno je vsakršno nasilje nad osebami, ki jim je prostost kakorkoli omejena, ter vsakršno izsiljevanje priznanj in izjav.

  • Constitution of the Slovak Republic

    URL:
    Constitution of the Slovak Republic
    Country:
    Slovakia

    Article 16 (...) (2) No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

  • Ústava Slovenskej republiky

    URL:
    Ústava Slovenskej republiky
    Country:
    Slovakia

    Čl. 16 (...) (2) Nikoho nemožno mučiť ani podrobiť krutému, neľudskému či ponižujúcemu zaobchádzaniu alebo trestu.

  • Constituția României

    URL:
    Constituția României
    Country:
    Romania

    Articolul 22(...) (2) Nimeni nu poate fi supus torturii si nici unui fel de pedeapsa sau de tratament inuman ori degradant.

  • Constitution of Romania

    URL:
    Constitution of Romania
    Country:
    Romania

    Article 22(...) (2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.

  • Constituição da República Portuguesa

    URL:
    Constituição da República Portuguesa
    Country:
    Portugal

    Artigo 25.º (Direito à integridade pessoal) 2. Ninguém pode ser submetido a tortura, nem a tratos ou penas cruéis, degradantes ou desumanos.

  • Constitution of the Portuguese Republic

    URL:
    Constitution of the Portuguese Republic
    Country:
    Portugal

    Article 25 (Right to personal integrity) (2) No one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment.

  • Constitution of the Republic of Poland

    URL:
    Constitution of the Republic of Poland
    Country:
    Poland

    Article 40 No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited.

  • Konstytucja Rzeczypospolitej Polskiej

    URL:
    Konstytucja Rzeczypospolitej Polskiej
    Country:
    Poland

    Art. 40 Nikt nie może być poddany torturom ani okrutnemu, nieludzkiemu lub poniżającemu traktowaniu i karaniu. Zakazuje się stosowania kar cielesnych.

  • Constitution of Malta

    URL:
    Constitution of Malta
    Country:
    Malta

    Article 36 (1) No person shall be subjected to inhuman or degrading punishment or treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day. (3) (a) No law shall provide for the imposition of collective punishments. (b) Nothing in this subsection shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force. 

  • Criminal Code, Cap. 9 of the Laws of Malta

    URL:
    Criminal Code
    Country:
    Malta

     139A. Any public officer or servant or any other person acting in an official capacity who intentionally inflicts on a person severe pain or suffering, whether physical or mental - (a) for the purpose of obtaining from him or a third person information or a confession; or (b) for the purpose of punishing him for an act he or a third person has committed or is suspected of having committed; or (c) for the purpose of intimidating him or a third person or of coercing him or a third person to do, or to omit to do, any act; or (d) for any reason based on discrimination of any kind, shall, on conviction, be liable to imprisonment for a term from five to nine years: Provided that no offence is committed where pain or sufering arises only from, or is inherent in or incidental to, lawful sanctions or measures: Provided further that nothing in this article shall affect the applicability of other provisions of this Code or of any other law providing for a higher punishment.

  • Constitution of the Republic of Lithuania

    URL:
    Constitution of the Republic of Lithuania
    Country:
    Lithuania

    Article 21. (...) It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment, or to establish such punishments. (...)

3 results found

  • Committee on the Elimination of Discrimination against Women, Committee on the Rights of the Child, Joint general recommendation/general comment No. 31 of the Committee on the Elimination of Discrimination against Women and No. 18 of the Committee on t...

    URL:
    (Committee on the Elimination of Discrimination against Women, Committee on the Rights of the Child , Joint general recommendation/general comment No. 31 and No. 18)
  • Human Rights Committee, General Comment No. 35 - Article 9: Liberty and Security of person

    URL:
    (Human Rights Committee, General Comment No. 35)

    ‘34. The individual must be brought to appear physically before the judge or other officer authorized by law to exercise judicial power. The physical presence of detainees at the hearing gives the opportunity for inquiry into the treatment that they received in custody and facilitates immediate transfer to a remand detention centre if continued detention is ordered. It thus serves as a safeguard for the right to security of person and the prohibition against torture and cruel, inhuman or degrading treatment. ‘ ‘58. Several safeguards that are essential for the prevention of torture are also necessary for the protection of persons in any form of detention against arbitrary detention and infringement of personal security. The following examples are non-exhaustive. Detainees should be held only in facilities officially acknowledged as places of detention. A centralized official register should be kept of the names and places of detention, and times of arrival and departure, as well as of the names of persons responsible for their detention, and made readily available and accessible to those concerned, including relatives. Prompt and regular access should be given to independent medical personnel and lawyers and, under appropriate supervision when the legitimate purpose of the detention so requires, to family members. Detainees should be promptly informed of their rights, in a language they understand; providing information leaflets in the appropriate language, including in Braille, may often assist the detainee in retaining the information. Detained foreign nationals should be informed of their right to communicate with their consular authorities, or, in the case of asylum seekers, with the Office of the United Nations High Commissioner for Refugees. Independent and impartial mechanisms should be established for visiting and inspecting all places of detention, including mental-health institutions.‘

  • UN General Assembly Resolution 70/175 (2015) - United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)

    URL:
    (the Nelson Mandela Rules)

    Rule 1 ‘All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.‘ Rule 32 ‘1. The relationship between the physician or other health-care professionals and the prisoners shall be governed by the same ethical and professional standards as those applicable to patients in the community, in particular: [...] (d) An absolute prohibition on engaging, actively or passively, in acts that may constitute torture or other cruel, inhuman or degrading treatment or punishment, including medical or scientific experimentation that may be detrimental to a prisoner’s health, such as the removal of a prisoner’s cells, body tissues or organs.‘ Rule 43 ‘1. In no circumstances may restrictions or disciplinary sanctions amount to torture or other cruel, inhuman or degrading treatment or punishment. The following practices, in particular, shall be prohibited: (a) Indefinite solitary confinement; (b) Prolonged solitary confinement; (c) Placement of a prisoner in a dark or constantly lit cell; (d) Corporal punishment or the reduction of a prisoner’s diet or drinking water; (e) Collective punishment.‘

8 results found

  • Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings

    URL:
    (Directive on the strengthening of the presumption of innocence and of the right to be present at the trial in criminal proceedings)

    Preamble: ‘(45) When assessing statements made by suspects or accused persons or evidence obtained in breach of the right to remain silent or the right not to incriminate oneself, courts and judges should respect the rights of the defence and the fairness of the proceedings. In that context, regard should be had to the case-law of the European Court of Human Rights, according to which the admission of statements obtained as a result of torture or of other ill-treatment in breach of Article 3 ECHR as evidence to establish the relevant facts in criminal proceedings would render the proceedings as a whole unfair. According to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, any statement which is established to have been made as a result of torture should not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.‘

  • Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection

    URL:
    (Asylum Procedures Directive)

    Article 38 - The concept of safe third country ‘(1) Member States may apply the safe third country concept only where the competent authorities are satisfied that a person seeking international protection will be treated in accordance with the following principles in the third country concerned: [...] (d) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected; [...].‘

  • Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection

    URL:
    (Reception Conditions Directive)

    Article 25 Victims of torture and violence ‘(1) Member States shall ensure that persons who have been subjected to torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care. (2) Those working with victims of torture, rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.‘

  • Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863...

    URL:
    (Regulation on the European Border and Coast Guard)

    Preamble: ‘(49) This Regulation respects fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and reflected in the Charter. In particular, this Regulation seeks to ensure full respect for human dignity, the right to life, the right to liberty and security, the right to the protection of personal data, the right to asylum, the right to effective remedy, the rights of the child, the prohibition of torture and of inhuman or degrading treatment or punishment and the prohibition of trafficking in human beings. It also seeks to promote the application of the principles of non-discrimination and non-refoulement.‘

  • Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or d...

    URL:
    (Regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment)

    Article 2 ‘(a) “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. Capital punishment is not deemed a lawful penalty under any circumstances; (b) “other cruel, inhuman or degrading treatment or punishment” means any act by which pain or suffering attaining a minimum level of severity, whether physical or mental, is inflicted on a person, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. Capital punishment is not deemed a lawful penalty under any circumstances; [...]‘

  • Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur)

    URL:
    (Regulation establishing the European Border Surveillance System)

    Preamble: ‘(11) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right of access to documents, the right to asylum and to protection against removal and expulsion, non-refoulement, non-discrimination and the rights of the child. This Regulation should be applied by Member States and the Agency in accordance with those rights and principles.‘

  • Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of t...

    URL:
    (Dublin III Regulation)

    Article 32 - Exchange of health data before a transfer is carried out: ‘(1) For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.‘

  • Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management...

    URL:
    (Regulation establishing rules for the surveillance of the external sea borders)

    Preamble: ‘(19) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and by the Charter, in particular respect for human dignity, the right to life, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right to asylum and to protection against removal and expulsion, the principles of non-refoulement and non-discrimination, the right to an effective remedy and the rights of the child. This Regulation should be applied by Member States and the Agency in accordance with those rights and principles.‘ ‘(12) This Regulation should be applied in full compliance with the principle of non-refoulement as defined in the Charter and as interpreted by the case-law of the Court and of the European Court of Human Rights. In accordance with that principle, no person should be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non-refoulement.‘ Article 4 - Protection of fundamental rights and the principle of non-refoulement ‘(1) No person shall, in contravention of the principle of non-refoulement, be disembarked in, forced to enter, conducted to or otherwise handed over to the authorities of a country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another country in contravention of the principle of non-refoulement.‘