An updated version of the Council of Europe (CoE) Human Rights Education for Legal Professionals (HELP) online course on Prohibition of Ill-treatment is now available on the CoE HELP e-learning platform.
The respect for all human rights, including the prohibition of ill-treatment, might be threatened in the Europe of the 21st century. It is indicative that out of the 1059 judgments establishing at least one violation issued by the European Court of Human Rights (ECtHR) in 2022, more than 38 %, concerned different aspects of Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture, inhuman and degrading treatment.[1] 28% of the leading ECtHR cases pending execution under enhanced supervision before the Council of Europe Committee of Ministers in 2021 concern actions of security forces, protection against ill-treatment or conditions of detention and medical care, topics covered by Article 3 of the ECtHR.[2]
Over 10,000 applications pending before the ECtHR by the end of 2022 concerned conflicts between different (member) States. These are complex cases and often entail aspects related to Article 3 of the ECHR.[3] A new module dedicated to prohibition of ill-treatment in times of conflict has been added, including gender impact and particularly relevant for war zones.
The case-law related to Article 3 ECHR has influenced, enriched and advanced the ECtHR jurisprudence and other relevant standards, including those set by the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT), particularly regarding the scope of this prohibition, its elements, positive and procedural obligations, and the interrelation with other human rights and freedoms.
This free HELP online course aims at assisting legal professionals in the Council of Europe member States in effectively applying the standards concerning the prohibition of ill-treatment.
The updated course consists of an introductory module and 8 substantive modules:
Introductory module
• Background
• Learning objectives
Legal Framework and Concepts
• Basic international provisions
• Key notions
• Scope
Effective (procedural) response to ill-treatment and combating impunity
• Procedural and related obligations
• Handling indications of ill-treatment
• Requirements for an effective investigation
• Deterrent effects
Ill-treatment in places of deprivation of liberty
• General considerations
• Prison and other penal institutions
• Immigration detention
Use of force as a means of restraint
• Test for the use of force and special means
• Definition
• Requirements for the use of force
• Handcuffing
• Use of force and special means during mass protests
• Burden of proof
Ill-treatment beyond coercive context
• Article and domestic violence
• Medical treatment
• Disappearances
• Living conditions
• Hate crimes
• Extraterritorial effect
Interrelation with other rights
• During apprehension
• During investigation and trial stage
• Overall parameters
Who does what?
• Measures and relevant shortcomings
Ill-treatment during armed conflict
• Legal framework
• Situations where there is a risk of ill-treatment
• Gendered impacts of conflict
• Accountability at the national level
The course was initially developed in 2017[4] by the Council of Europe Human Rights Education for Legal Professionals (HELP) Programme. It has been updated in 2023 with financial support of the European Union and the Council of Europe.[5] The content has been restructured and enriched with a new module on prohibition of ill-treatment in times of conflict, to address the specificities related to these situations.
The course benefitted from the contributions of a senior lawyer from the Registry of the European Court of Human Rights, as well as representatives of the Co-operation Programmes Division within the CoE Department of Implementation of Human Rights, Justice and Legal Co-operation Standards.
The topics are explored in a practical way, by using presentations, interactive screens, knowledge tests and reflective exercises. Throughout the course, there are interactive case-studies, which will enable the users to apply the gained knowledge and skills.
When contextualised to the national legislation and challenges, HELP courses also address the training needs identified by various Council of Europe monitoring mechanisms and support the implementation of ECtHR judgments pending execution.
The online course is freely available in self-learning format on the CoE HELP e-learning platform along with other 45 online courses on various human rights and rule of law related topics.
The overall length of the online course is approximately seven hours and those who complete it in self-learning format can obtain an individualised electronic ‘Statement of accomplishment’.
The updated version of the course will also be translated into several languages and launched in tutored format in collaboration with interested HELP national partners (Justice Training Institutions and Bar Associations).
CoE HEP online course ‘Prohibition of Ill-treatment’
CoE HELP online course ‘CPT Standards’
[1] ECtHR Annual reports (coe.int)
[2] Annual Reports - Department for the Execution of Judgments of the European Court of Human Rights (coe.int)
[3] ECtHR Annual reports (coe.int)
[4] In cooperation with the project “Strengthening the implementation of European human rights standards in Ukraine" of the Joint EU/CoE Programme Partnership for Good Governance
[5] Through the Partnership for Good Governance project ‘Supporting the Criminal Justice Reform and Harmonising the Application of European Standards in Armenia’ and the CoE project ‘Human Rights Compliant Criminal Justice System in Ukraine’ as part of the Action Plan for Ukraine 2018-2022. The module on Prohibition of Ill-Treatment During Armed Conflict was developed also with contributions from the CoE HELP project ‘Supporting the contextualization of HELP modules/courses for legal professionals in times of war in Ukraine’.
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