Prohibition of torture in European convention on human rights and Turkish Criminal Law

Torture, which has been appilied for ages till the end of 20.century, even Europe included, has violeted the basic human rights.In general, torture means that to act suspicious in a cruel way inorder to get a confession or to punish the accused after verdict. Inthis respect, torture might be appilied both during trial and execution.In supra national human rights acts, some concepts such asdegrading, inhuman or cruel act or punishment, are provided withrespect to torture. Even though, these concepts are not as violent astorture, they are evaluated as torture. Although, it is not easy toseperate these concepts from each other, decisions of Court of Europeon Human Rights (COE) shall be very useful and helpful for nationaljudges.In the first section of the thesis, concept and history of tortureand article 3 of European Convention on Human Rights (ECHR) havebeen examined under decisions of Court of Europe on Human Rightsthereof. Also, we have found to mention about CPT, as regards to itsclose connection with the subject.In the second section, we have tried to compare the articles,which prohibit torture, of Criminal Code (Law no 765) and CriminalCode (Law no 5237). It has also been discussed how much thosearticles are compatable with opinions of COE.We wished to make some contrubition to fighting against tortureby the thesis.