This guest post was written by Christina Kosin, LL.M. (Edinburgh) and Ph.D. student and academic assistant within the Network of Excellence for the Law of Civil Security in Europe at the German Police University in Münster, Germany. See also the post she wrote for EU Law Analysis.
The main argument of this comment is that the recent Cestaro v. Italy case shows (once again) that the “prohibited purpose” requirement of torture is not the only decisive criterion in distinguishing the crime from other inhuman or degrading treatment or punishment. This comment is a reaction to the presumption by some legal scholars that the prohibited purpose criterion, explained below, is the most important element of torture and the only element which distinguishes it from other ill-treatment. The comment provides a short introduction to the case and elaborates on the issue at stake. Then, the facts of the Cestaro case are presented followed by a brief summary of and commentary on the Court’s main arguments with regard to the material breach of Article 3 of the European Convention on Human Rights (ECHR).