The four Geneva Conventions of 1949 and the two Additional Protocols of 1977 also prohibit torture and related practices – see the discussion under term of reference (viii) below. The ECHR has stated on many occasions that Article 3 of the European Convention56 (the equivalent of Article 7 of the ICCPR), enshrines one of the most fundamental values of democratic society. It prohibits torture or inhuman or degrading treatment or punishment in absolute terms, irrespective of the circumstances and the victim’s behaviour.57 Defining ‘torture’ and other forms of ill-treatment We note that the definitions of torture and related conduct that follow cannot be considered exhaustive as concepts of what may constitute such conduct can evolve over time and encompass a broader range of conduct than in the past.58 For example, increasing concern about the spread of HIV/AIDS led the Special Rapporteur on Torture to state that the prohibition on torture and other ill-treatment would include prohibitions on the intentional transmission of HIV-infected blood and on denying detainees access to HIV-related information and treatment.59 Neither the ICCPR nor the UDHR define the term ‘torture’ or the other forms of ill-treatment. Article 7 of the ICCPR, however, gives an indication of at least some activities that may be prohibited, as it states that, in particular, no one shall be subjected without his or her free consent to medical or scientific experimentation. 55 Adopted and proclaimed by General Assembly resolution 217A(III) of 10 December 1948. 213 UNTS 222, entered into force 3 September 1953, as amended by Protocols Nos 3, 5, 8 and 11 which entered into force on 21 September 1970, 20 December 1971, 1 January 1990 and 1 November 1998 respectively. Article 3 provides that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. 57 Latbia v Italy, judgment of the ECHR, 6 April 2000 at [119]. 58 Tyrer v United Kingdom, judgment of the ECHR, 25 April 1978 at [31]. 59 Report of the Special Rapporteur on Torture Civil and Political Rights, including the questions of torture and detention E/CN.4/2004/56 23 December 2003 at [52]-[55]. 56 73

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