Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force

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Abstract

This article discusses the discourse on the justified use of force in the Strasbourg Court's analysis of Article 3. With particular focus on the judgment in Güler and Öngel v Turkey, a case concerning the use of force by State agents against demonstrators, it addresses the question of the implications of such discourse, found in this and other cases, on the absolute nature of Article 3. It offers a perspective which suggests that the discourse on the justified use of force can be reconciled with Article 3's absolute nature.

Details

Original languageEnglish
Pages (from-to)370–382
JournalModern Law Review
Volume76
Issue number2
Publication statusPublished - 1 Mar 2013

Keywords

  • Article 3 ECHR, absolute right, justified use of force, proportionality, dignity, excessive force, agency

ASJC Scopus subject areas