No torture

The prohibition on torture and inhuman and degrading treatment or punishment is one of the most fundamental rights protected by the Human Rights Act.

This right is absolute. It is never justifiable to torture someone, whatever the circumstances.

On a basic level, the reason why this ban is absolute is very simple: torture and inhuman or degrading treatment is wrong because it violates our human dignity.

Torture means any act by which severe pain and suffering, whether physical or mental, is intentionally inflicted on someone for the purposes of obtaining information, for punishment or intimidation.

Inhuman or degrading treatment is also prohibited:

• Treatment is considered inhuman when it causes intense physical or mental suffering.
• Treatment or punishment is degrading if it humiliates and debases a person beyond that which is usual from punishment.

The State’s obligations

State officials

Article 3 prevents state officials from torturing people or subjecting them to inhuman or degrading treatment.

There is no exception to this ban. It applies wherever across all UK jurisdictions – including places outside the UK (such as when our soldiers have someone in their custody or under their physical control abroad), as well as in UK prisons, immigration detention centres, state hospitals, state schools and elsewhere.

Article 3 protects everyone. There are no exceptions for non-citizens, undocumented people, terrorist suspects, convicted criminals, protesters or members of political opposition.

Torture evidence

UK courts and tribunals may not rely upon evidence obtained through torture.

This applies regardless of which state carried out the torture or where it took place.

Deportation or extradition

Article 3 prevents the UK from deporting or extraditing people to another country where they would face a real risk of being tortured or subjected to inhuman or degrading treatment.

This also applies when there is a real risk of torture evidence being admitted in court proceedings against the person who is being threatened with deportation or extradition.

Investigations

Like the right to life under Article 2, Article 3 requires official, effective investigations into credible allegations of serious ill-treatment by public officials.

Prevention

Article 3 also requires authorities to take positive steps to prevent torture and inhuman or degrading treatment.

This means laws must be put in place to protect people from torture or other ill treatment. It also means public officials must act to protect people from harm inflicted by others.