Akademik Veri Yönetim Sistemi
Necmettin Erbakan Üniversitesi hukuk fakültesi dergisi, cilt.7, sa.1, ss.224-240, 2024 (Hakemli Dergi)
The prohibition of torture and ill-treatment, protected in Article 3 of the European Convention on Human Rights and Article 17 of the 1982 Constitution, is a right that directly safeguards the most fundamental rights to protect the physical integrity and human dignity of the person. Torture and inhuman and degrading treatment, which are considered a violation of this right, are subject to highly indistinguishable and ambiguous criteria. Accordingly, the severest one of such conscious and deliberate practices that humiliate people, injure their dignity, and cause them material and moral pain and suffering, is considered torture. The moderate one is inhuman treatment as expressed in the Convention and torment as expressed in the Constitution, and the mildest one is degrading treatment as expressed in the Convention and treatment incompatible with human dignity as expressed in the Constitution. The most basic criterion of the European Court of Human Rights and the Constitutional Court in determining the said treatments is the minimum threshold range. Accordingly, the minimum threshold range is the criterion that serves to determine which type of ill- treatment will be evaluated by considering both the subjective and objective elements of the victim. The present study aims to make the minimum threshold range, an ambiguous criterion, as clear as possible in the context of the decisions of the European Court of Human Rights and the Constitutional Court.